The Madhya Pradesh High Court on 25 July 2024 criticized the Union government for taking more than five decades to lift a ban that prevented government employees from joining the Rashtriya Swayamsevak Sangh (RSS), which the judge observed as an internationally renowned organization.
The court’s remarks came while disposing of a writ petition filed by Purushottam Gupta, a retired Central government employee, who challenged the ban in September 2023. The court remarked that the government’s prolonged delay had unjustly diminished the aspirations of many central government employees who wished to serve their country through the RSS.
58-Year Ban Lifted
A bench comprising Justices Sushruta Arvind Dharmadhikari and Gajendra Singh disposed of Gupta’s petition following the Union government’s recent decision to lift the 58-year ban. The ban, instituted in 1966, was removed through an office memorandum issued by the Department of Personnel and Training on 9 July 2024.
Court’s Observations
A bench comprising Justices Sushruta Arvind Dharmadhikari and Gajendra Singh highlighted the undue delay in acknowledging the mistake of banning government servants from associating with the RSS. “It took almost five decades for the Central Government to realize its mistake; to acknowledge that an internationally renowned organization like RSS was wrongly placed amongst the banned organizations of the country and that its removal therefrom is quintessential,” stated the court.
The court further chose to address the broader implications of the case. The judges questioned the original rationale behind the ban, asking what evidence had led to the classification of the RSS as a communal or anti-secular organization in the 1960s and 70s. The court also highlighted the absence of any substantial reply from the Union government regarding the basis for the ban.
“Ideally, we would have disposed of the writ petition as having rendered infructuous and academic, post the filing of the affidavit dated July 10, 2024. However, since the issues raised in the petition have national ramifications, especially pertaining to one of the largest voluntary non-governmental organizations, viz. Rashtriya Swayamsevak Sangh, therefore before parting with the matter, this Court finds condign to make certain observations,” the court said.
In his petition, Gupta had challenged the constitutional validity and legality of various provisions of the Central Civil Services (Conduct) Rules, 1964, which enforced the ban. The High Court, while recognizing the lifting of the ban, still chose to address the broader implications of the issue.
In its ruling, the court directed the DoPT and the Ministry of Home Affairs to display the 9 July 2024 order prominently on their official websites and transmit the information to all government departments and undertakings within 15 days.
“The discretion to classify any organization as a ‘don’t join’ organization for Central government employees must therefore be clearly informed by rules of reason, fair play, and justice, not according to subjective opinions of those in power,” emphasized the court. It further added that such decisions should be guided by law, not by “humour or preconceived prejudice against such nationally and internationally famed organization.”
The petitioner, Gupta, who retired from the Central Warehousing Corporation in 2022, expressed satisfaction with the decision. “I am happy with the Centre’s decision to lift the ban on the participation of government employees in Sangh activities. It will now become easier for thousands of people like me to join the RSS,” he said to PTI.
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