A writ petition has been filed in the Madras High Court 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 (HRCE).
The HRCE is charged with the responsibility of the management and administration of Hindu Temples. As such, their primary source of revenue are the donations that are made to the Temple and other assets related to the management of Temples.
The petition is filed by one A. Suhail, a 37-year-old Indian Muslim candidate and an aspirant to the post of office assistant at the Arulmigu Kapaleeswarar Arts and Science College at Kolathur in Chennai.
The petitioner has contended in his plea that “in the name of the word Hindu, the respondents cannot prohibit the other religious people from contesting.”
Suhail asserted that because of the norm that allows only Hindus to apply for the job, he could not participate in a walk-in-interview for the post of Office Assistant at the abovesaid college that was held on October 18, 2021. In his petition, Suhail argued that teaching and non-teaching posts had nothing to do with religious functions; everyone should be allowed to compete for them, irrespective of their religion.
Citing Article 16 of the Constitution, the petitioner said that the State cannot discriminate on the grounds of religion with respect to opportunities in public employment, adding 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.
“Hence the condition imposed by the 3rd respondent that only the Hindus are eligible to be appointed to the above post is unconstitutional,” the plea said.
The litigant said the reason behind appointing only Hindus to the posts in educational institutes run by HRCE is because the present government is criticised as anti-Hindu and in order to avoid such criticism, the respondents have decided to grant posts to Hindus only so that they can spread Hindutva ideology.
‘Hindu’ is just a way of life so Muslims and Christians should not be stopped from getting Hindu-only jobs: Petitioner
In order to add ballast to contention, the petitioner cited the remarks made by the Supreme Court on what constitutes being a Hindu. He said the top court had said the word ‘Hindu’ does not denote any religion but a way of life. Pointing out this line of argument by the apex court, the litigant questioned on what basis the respondent authorities can decide the candidate as a Hindu.
Therefore, Suhail states that the HR & CE Department cannot prevent Indian Muslims or Christians or any others from applying and getting selected for various posts at the said college.
He also states that religious institution as defined in section 6(18) of the HR& CE Act means only Math or Temples or specific endowment which include institutions maintained for a religious purpose.
Mr Suhail asked the court to quash the recruitment notification issued by the Kolathur college on October 13 calling only Hindu candidates to appear for a walk-in interview for the posts of assistant professor, physical director, librarian, assistant, junior assistant, office assistant, watchman, cleaner and sweeper on October 18.
The petitioner further alleged that he could not approach the court before the conduct of the interview since the court was closed for Dussehra vacation. He was resolute on his stand to get the notification quashed and demanded that he be allowed to compete for the post of office assistant.
