Only Hindus Can Be Appointed In Temple-Run Institutions: Madras HC Upholds Notification Allowing ‘Only Hindus’ To Apply For Appointment To College
The Madras High Court upheld the validity of a notification issued by the Arulmigu Kapaleeswarar Arts and Science College, a temple-run religious institution governed by the HR & CE Act, which restricted appointment within its institutions to ‘only Hindus.’
The Court dismissed a Writ Petition challenging an employment notification issued by Arulmigu Kapaleeswarar Arts and Science College, a self-financing college run by the Arulmigu Kapaleeswar Temple. The Petitioner, a Muslim, contested the notification published in Dinakaran Daily which specified that only Hindus could apply for the posts.
A Single Bench of Justice Vivek Kumar Singh held, “It is pertinent to note that only Hindus are eligible for appointment in the third respondent college as it was started by the temple and it is a religious institution governed by the provisions of the HR & CE Act. As per Section 10 of the HR & CE Act, any appointment to the college, shall be a person professing the Hindu Religion and shall cease to hold office as such when he ceases to profess that religion.”
Advocate Prabhakar Rao K. appeared for the Petitioner, while AGP S. Ravichandran represented the Respondents.
The Petitioner, a Tamil Muslim by birth, filed the Writ Petition under Article 226 of the Constitution, seeking to quash the employment notification and direct the Respondents to allow him to apply for the post of Office Assistant.
The Petitioner argued that the restriction violated Articles 16(1) and 16(2) of the Constitution, which guarantee equality of opportunity in public employment and prohibit discrimination on grounds of religion. He contended that the college is an educational institution and not a religious institution as defined under Section 6(18) of the Tamil Nadu Hindu Religious and Charitable Endowments (HR & CE) Act, 1959 (HR&CE Act). Therefore, he argued that the condition restricting employment to Hindus was unconstitutional.
The Respondents argued that the college, being a temple-run institution, was governed by the HR&CE Act. They submitted that Section 10 of the said Act provided that appointments in such institutions be restricted to persons professing the Hindu religion. They further stated that the college does not receive financial aid from the State and is a fully self-financing institution, meaning that government employment rules did not apply.
The High Court noted, “On perusal of the records, it is seen that the third respondent/college is a self financing institution run by the temple without acquiring any aid from the State and met out the expenses through students fees. The third respondent does not come under the provisions of Article 16(1) and 16(2), whereas it comes under the purview of the provision of Article 16(5) of the Constitution of India.”
Consequently, the Court held, “In view of the aforesaid reasons, the Writ Petition lacks merits and the same stands dismissed.”
Accordingly, the High Court dismissed the Writ Petition.
Cause Title: A. Suhail v. State of Tamil Nadu & Ors.
Appearance:
Petitioner: Advocate S. Doraisamy
Respondents: AGP S. Ravichandran; Advocate S. Surya