Madras High Court Imposes ₹5 Lakh Costs On State Of Tamil Nadu For “Re-Agitating” Case Which Had Already Been Decided By Supreme Court

Madras High Court Imposes ₹5 Lakh Costs On State Of Tamil Nadu For “Re-Agitating” Case Which Had Already Been Decided By Supreme Court

Upasana Sajeev

7 Mar 2025 3:06 PM




The Madras High Court recently imposed a cost of Rs. 5 Lakh on the State of Tamil Nadu for filing a writ appeal in a matter that had already attained finality through the order of the Supreme Court.

Dismissing the appeal filed by the State, Justice R Subramanian and Justice G Arul Murugan noted that the appeal was a “re-agitation” of a matter that had already been settled by a division bench of the Court and approved by the Supreme Court. Thus, the court imposed a cost directing the state to pay Rs. 2,50,000 to the sanitary worker whose appointment was challenged and the remaining Rs. 2,50,000 to be paid to the Madras High Court Legal Services Authority.

“Since we find that this appeal is re-agitation of a matter, which is already settled by a Division Bench of this Court and approved by the Hon'ble Supreme Court, we impose cost of Rs.5,00,000/- on the Government. A cost of Rs.2,50,000/- is to be paid through the College to the person appointed as a Sanitary worker and the remaining sum of Rs.2,50,000/- shall be paid to the Madras High Court Legal Services Authority. The Government is granted four weeks time to comply with the order of the learned single Judge. Costs shall be paid within a period of 15 days from today,” the court said.

The state had filed the appeal challenging an order of the single judge approving the appointment of a Sanitary worker in St. Chritopher's College, which was a minority educational institution.

As per Rule 11(1) of the Tamil Nadu Private Colleges Regulation Rules 1976, the Government was to grant aid for the appointments made by the Institution. The State, however, issued a Government Order on October 24, 2013, to fill up Group-D posts in Government Aided Arts and Science College through contractual workers in an attempt to prevent private aided colleges from making regular appointments.

When the GO was challenged, the High Court allowed the plea and quashed the GO in 2017. The Government unsuccessfully challenged the single judge's order. The division upheld the order and dismissed the appeal in 2019. The issue was also a subject matter of challenge before the Supreme Court by way of a Special Leave Petition. The SLP was dismissed by the SC in 2022, making the quashment of GO final.

In the present case, the college approached the court after the Directorate of Education failed to approve the appointment of a sanitary worker. The single judge allowed the college's plea and ordered the State to grant the approval.

Though the state relied on a single judge's order to argue that the government had a right to pass a Government Order regulating the appointment to sanctioned posts in Government aided colleges, the court noted that the single judge's order was unsustainable as it ran counter to the order already upheld by the Supreme Court. The court held that though the Government had the power to regulate appointments in Government aided Colleges, it could not be done by way of administrative order contrary to the rules already in force.

Thus, finding no merit, the court dismissed the appeal.

Counsel for the Appellant: Mr.D.Ravichander Special Government Pleader

Counsel for the Respondent: Mr.P.Godson Swaminathan for M/s.Isaac Chambers

Case Title: The State of Tamil Nadu and Others v. The Principal Secretary

Citation: 2025 LiveLaw (Mad) 94

Case No: W.A.No. 574 of 2025