The Madras High Court has dismissed a writ petition challenging a recruitment notification that restricted employment at institutions run by Hindu temples to individuals professing the Hindu religion. Justice Vivek Kumar Singh ruled that the Hindu Religious and Charitable Endowments (HR&CE) Act mandates such appointments and deemed the regulation constitutionally valid under specific provisions.
The case arose from a 2021 petition filed by A. Suhail, a Muslim candidate, who applied for the position of Office Assistant at Arulmighu Kapaleeswarar Arts and Science College in Chennai. Suhail argued that the Hindu-only recruitment policy violated his constitutional right to equal opportunity in employment under Articles 16(1) and 16(2). However, the court rejected his plea, emphasizing that the institution, being self-financed and operating without government aid, does not qualify as a “State” under the Constitution to ensure non-discrimination in public employment.
Justice Singh clarified that the college, established using temple funds and sustaining its operations through student fees, falls under Article 16(5) of the Constitution. This provision permits religiously motivated appointments in denominational institutions. Additionally, Section 10 of the HR&CE Act explicitly requires officers and employees appointed for temple-affiliated purposes to be practising Hindus.
The court further declared that appointees who cease to profess Hinduism would be deemed to have resigned from their positions. Justice Singh also dismissed the petitioner’s argument that the college should be categorized solely as an educational institution rather than a religious establishment. He ruled that the college’s establishment with temple funds renders it subject to the HR&CE Act, which governs religiously affiliated institutions.
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