CHENNAI: The Madras High Court refused to appoint non- Hindus to any post in the educational institutions runs with the fund of Hindu temples.
Justice Vivek Kumar Singh citing provisions of Hindu Religious and Charitable Endowment (HR&CE) Act, particularly section 10 of the act and held that any appointment to the educational institutions, shall be a person professing the Hindu religion and shall cease to hold office to profess that religion.
Since the college is a self financing institution run by the temple without acquiring any aid from the State and met out the expenses through students fees, the judge refused the contention of the petitioner that the notification issued by the respondent is violated Article 16(1) and 16(2) of the Constitution, as it stated that only Hindus can apply.
The factual background of the case is that the management of Arulmigu Kapaleeswarar Arts and Science College, Chennai which runs with funds of Kapaleeswarar temple, Mylapore, issued a notification on October 13, 2021 for an interview for various posts.
The petitioner A Suhail aggrieved by the notification as it stated that only Hindus can apply for the interview, since he is Tamil Muslim he couldn't apply for the interview. He also contended that the notification is in violation of Article 16(1) and 16(2) of the Constitution, that no citizen can be discriminated against caste, religion, race and gender in employment, hence he moved the petition to allow him to apply for the interview.
The counsel for the college relied upon the HR&CE act and submitted that only Hindus are eligible for appointment in the College, since it is a religious institution governed by the HR & CE Act, the employees must be Hindus only.
Accepting the submission of the respondent the judge dismissed the petition as it lacks merit.