Court holds that filling post under emergency provision contrary to earlier assurance binds State to follow Special Rules; interim relief granted to maintain public confidence in judicial process.
Chennai, October 1, 2026: The Madras High Court, in a significant interim order delivered by Mr. Justice Mummineni Sudheer Kumar, has stayed the temporary promotion of the Director of Legal Studies at Tamil Nadu Dr. Ambedkar Law University. The petition was filed by Dr. Rajeswaran challenging the Government Order G.O.(Ms).No.246 dated September 8, 2026, which promoted the third respondent to the post of Director of Legal Studies under Section 47(1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.
This case marks the second judicial intervention concerning the filling of the Director of Legal Studies post. Earlier, the petitioner had successfully restrained the incumbent from holding additional charge of the post, leading to a writ appeal by the State. The Hon'ble Division Bench allowed the appeal based on the learned Advocate General's assurance that the post would be filled strictly in accordance with Rule 2(a) of the Special Rules for the Tamil Nadu Legal Educational Service within two months.
However, the impugned order bypassed Rule 2(a) and invoked the emergency provision under Section 47(1) of the Act, which allows temporary promotion in cases of public interest emergencies. The Court noted that this was contrary to the assurance recorded by the Division Bench, and the State was obligated to comply strictly with Rule 2(a).
The Advocate General argued that promotions are initially temporary before regularization and that the third respondent had already assumed charge, cautioning against disturbing the appointment. The Court, however, emphasized that assurances made by the Advocate General before the Court are binding on the State. The invocation of Section 47(1) in this context was not justified as there was no demonstrated emergency necessitating such an action.
Highlighting the potential erosion of public confidence if the Court's orders and assurances are disregarded, the Court granted an interim stay of six weeks on the impugned order. The matter is listed for further hearing on November 2, 2026, with directions to the State to file a counter affidavit.
This decision underscores the judiciary's firm stance on adherence to procedural rules and the binding nature of assurances made in Court, reinforcing the principle that public interest and judicial integrity must prevail over expedient administrative decisions.
Bottom Line:
Assurance made by Advocate General before Division Bench is binding on State - Post of Director of Legal Studies, which Division Bench directed to be filled in terms of Rule 2(a) of Special Rules, could not prima facie be filled by invoking emergency power of temporary promotion under Section 47(1) of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 - Interim stay granted.
Statutory provision(s):
Article 226 of the Constitution of India, Section 47(1) of Tamil Nadu Government Servants (Conditions of Service) Act, 2016, Rule 2(a) of the Special Rules for the Tamil Nadu Legal Educational Service
Dr. Rajeswaran v. State of Tamil Nadu, (Madras) : Law Finder Doc Id # 2994180
