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In a plea challenging the appointment of only Hindus to teaching as well as non-teaching posts at educational institutions run by the Department of Hindu Religious and Charitable Endowments (HR&CE), Madras High Court today directed the State to file a detailed reply. 

Saying to the petitioner, "In case you are entitled, your rights will be protected," the Bench of Justice C. Saravanan sought State's counter stressing, "the matter requires detailed deliberation". 

Advocate general, Thiru R. Shunmugasundaram appearing on behalf of the respondent state argued that the instant plea has become infructuous as the interviews for the concerned posts have already been conducted and another person has been appointed.

To this, petitioner's counsel S. Doraisamy apprised the court that the plea was filed as soon as the courts reponed after the Dussehra holidays as the interview in question was conducted on October 18th only.  

AG also averred that the college in question is fully sponsored by a religious institute, hence as per the rules under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the employees of the college can only be Hindu and there is nothing against the law in it. 

Further, Court enquired the AG as to whether direct appointments can be made to such an institute through a process like walk-in-interview. To this AG replied that these institutes are governed by the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, under which the institute can hire employees in such a manner. 

Hearing the contentions raised by both the parties, the court concluded that the matter requires detailed deliberation, and therefore, adjourned the matter till four weeks directing the state to file its reply by then. 

Bench was hearing a plea filed by one  A. Suhail, 37, an aspirant to the post of office assistant at the Arulmigu Kapaleeswarar Arts and Science College at Kolathur in Chennai, which is run by HR&CE department of the Tamil Nadu Government. 

In the plea, Suhail has contended that only because of the condition that only Hindus can apply, he could not attend for the walk-in-interview for the post of Office Assistant at the abovesaid college that was held on October 18, 2021.

He had stated that "in the name of the word Hindu, the respondents cannot prohibit the other religious people from contesting."

In his plea, Suhail states that the State Govt. and HR & CE Department have no authority to impose such a condition arguing that "the constitution is very clear that the State cannot discriminate on the ground of only of the religion. Hence the condition imposed by the 3rd respondent that only the Hindus are eligible to be appointed to the above post is unconstitutional.”

Suhail also pleads that teaching and non-teaching posts have nothing to do with religious functions and everyone should be allowed to compete for them, irrespective of their religion.

Pointing out that Article 16 of the Constitution guarantees equality of opportunity in public employment without any discrimination on the ground of religion Suhail argues that, he, being an Indian citizen and native of Tamil Nadu is entitled for the protection of Article 16(1) & 16(2) of the constitution of India.

He also states in his plea that article 16(5) permits the appointment of people professing faith in a particular religion only to offices connected to the affairs of a religious institution only, therefore, this provision will not be applicable for the appointment of an Office Assistant in the abovesaid educational Institution as this is not a religious institution.

Suhail's plea also reads that religious institution as defined in section 6(18) the HR & CE Act means only Math or Temples or specific endowment which include institution maintained for a religious purpose.

“The specific endowment also will not come under the purview of educational institution,” and therefore, “the State Government cannot indulge in spreading Hindu Religion by establishing an educational institution,” the plea states.

In addition, Suhail has alleged that the present Government is being criticized by Hindu fundamentalists that the Government is anti-Hindu and in order to avoid such criticism, the respondents have decided to appoint only Hindus for spreading Hindutva ideology.

Contending that the word ‘Hindu’ does not denote any religion, he has averred that when the Supreme Court has said that Hindu is not a religion but a way of life, then on what basis the respondent authorities can decide the candidate as a Hindu.

Case Title: A. Suhail v. State of Tamil Nadu