Madras High Court Upholds ‘Hindus Only’ Condition for Admission to Temple-Run Self-Financing University, Applies Article 16(5)

Justice Vivek Kumar Singh hence, it was observed that only Hindus would be eligible for appointment in institutions falling under Article 16(5) of the Constitution. The court emphasized that under Section 10 of the Hindu Religious and Charitable Endowments Act, only a person who professes the Hindu religion can be appointed to colleges and his tenure will also cease once he stops professing religion.

“It is pertinent to note that only Hindus were eligible for appointment in the third participating college as it was initiated by the temple and is a religious institution subject to the provisions of the HR and CE Act. Under Section 10 of the HR & CE Act, any appointment to the college shall be a person who professes the Hindu Religion and his appointment as such shall cease when he ceases to profess the Hindu Religion.” the court observed.

The court was hearing a petition filed by Suhail, a Tamil Muslim by birth, seeking appointment in Arulmigu Kapaleeswarar Arts and Science College in Kolathur. Suhail, who wanted to be appointed to the post of Office Assistant, had objected to the interview notice issued by the College, which stated that only Hindus could apply for these posts.

Suhail argued that the notification was contrary to the provisions of Articles 16(1) and 16(2) of the Constitution. It stated that Article 16(5) would apply only to Hindu religious institutions or sectarian institutions or the governing body of the Hindu Religious Institution and not to colleges run by the ministry. Pointing out Section 6(18) of the HR & CE Act (meaning religious institution) and Section 10 of the HR & CE Act (which mandates HR & CE officers to be Hindus), Suhail argued that there is no bar on appointing a non-Hindu as a teacher or teaching Sending non-member personnel to colleges. Suhail also argued that running an educational institution is a secular activity and not a religious one.

However, the respondent officials argued that the College is an institution fully funded under the Arulmigu Kapaleeswar Temple and therefore the department should comply with the provisions of the Hindu Religious and Charitable Donations Act while selecting persons to work in the college. It was submitted that the college forms part of the temple activities which in turn regulates the functioning of any Hindu religious institution and therefore the provisions cited by Suhail would not apply to the institution.

Officials underlined that the college is not a minority institution but a self-financing college that runs only unaided courses as government employment rules do not apply to the college.

The court accepted the authorities’ argument and noted that the college was a religious institution subject to the provisions of the Act. The court rejected the application, stating that there was no violation of the law.

Applicant’s attorney: Mr.S.Doraisamy