Madras High Court Ruling Hindus : Appointments in Institutions Funded by Temples Restricted to Hindus
The recent Madras High Court ruling addresses whether institutions funded by temple revenues can limit employment opportunities exclusively to Hindus. Here’s an in-depth analysis of the case, the arguments presented, and the judgment delivered.
Theme of the matter:
Contents of Petition:
Suhail, the petitioner, had claimed that he was eligible for the post of Office Assistant in a temple-funded college. But he pointed out that the stipulation in the notification that “only Hindus may apply” was unconstitutional. He further argued that since it is an educational institution, appointments cannot be made on religious grounds.
Position of Hindu Religious Endowment Department:
It was reported that the college was started on temple funds and was running solely on temple funds without government funding. Therefore, it was argued that under the Hindu Religious Endowments Act, as it is defined as a religious institution, only Hindus are eligible for appointment.
Background of the Case
In 2021, the Kapaleeswarar Arts and Science College in Kolathur, Chennai, announced several job vacancies, including Assistant, Junior Assistant, Typist, Office Assistant, Watchman, and Sanitation Worker. The college is funded and managed entirely by the Kapaleeswarar Temple under the Hindu Religious and Charitable Endowments (HR&CE) Department.
Key Condition in the Notification:
- Only Hindus were eligible to apply for these positions.
This condition was challenged in court by Suhail, a Muslim applicant, who claimed that such a restriction was unconstitutional and discriminatory.
Arguments Presented
Petitioner’s Arguments (Suhail):
- Violation of Equality and Non-Discrimination:
- Restricting employment based on religion is against the fundamental rights guaranteed under Articles 14 and 15 of the Indian Constitution, which ensure equality before the law and prohibit discrimination based on religion.
- Secular Nature of Educational Institutions:
- Although the college is managed by the temple, it is an educational institution, not a religious institution.
- Educational institutions must remain secular and cannot impose religious conditions for employment.
- Inapplicability of HR&CE Rules:
- The HR&CE rules, which govern temple management, should not apply to colleges and other educational establishments as these fall under secular governance.
Respondents’ Arguments (HR&CE Department):
- Religious Institution by Definition:
- The college is entirely funded and managed by the Kapaleeswarar Temple, making it a religious institution.
- Self-Financing Institution:
- The college operates without any financial assistance from the government.
- All expenses are covered through temple funds and fees collected from students, qualifying it as a religiously governed entity.
- Legality of Restriction:
- As per the HR&CE Act, any institution funded and managed by a temple is classified as a religious institution.
- Employment in such institutions can be restricted to Hindus under the law.
High Court’s Verdict
Justice Vivek Kumar Singh, after reviewing all arguments and documentation, ruled in favor of the HR&CE Department.
- Classification of the College:
- The Kapaleeswarar Arts and Science College, despite being an educational institution, is funded by temple revenue and managed by the temple authorities.
- Therefore, it qualifies as a religious institution under the HR&CE Act.
- Applicability of HR&CE Rules:
- Since the institution falls under the HR&CE Department’s purview, the rule restricting employment to Hindus is legally valid.
- Rejection of the Petition:
- The petitioner’s argument was dismissed, and the restriction was upheld as constitutional within the specific context of temple-funded institutions.
Legal and Constitutional Context
Secular Principles of the Constitution:
- India’s Constitution emphasizes secularism and prohibits discrimination based on religion.
- However, Article 26 grants religious denominations the right to manage their religious affairs, creating a legal space for institutions like temple-funded colleges to impose specific conditions.
HR&CE Act Provisions:
- The HR&CE Act governs temple administration in Tamil Nadu.
- Under this Act, institutions funded by temple revenues are treated as extensions of the religious entity, allowing religious restrictions for employment.
Broader Implications, Answer and Questions
- Impact on Equality:
- Question: Although the temple is run on funds, it is an educational institution, so are the differences on religious grounds detrimental to the equality with independence of the state?
- Ans : No, in colleges run by Christian educational institutes recruitment is done on religious basis so this is correct judgment.
- Education vs. Religion:
- Question: Can temple-run educational institutions function on religious grounds, or should they fall under the secular principle of the Constitution?
- Answer: It can work, I mean it works on religious basis in colleges run by Christian educational institutions.
- Scope of HR&CE Rules:
- Question: Are the HR&CE rules aligned with constitutional values, especially in cases where they intersect with secular domains like education?
- Answer: No, Hindu Charitable Acts are unique to Hindu people.
- Government vs. Private Funding:
- Question: Should institutions operating without government aid have the right to impose religious restrictions on employment?
- Answer : No it can be implemented by a private institution on individual religious basis.
Final Thoughts
The judgment in this case gives legal approval to appointments based on religion. It may create such legal and constitutional principles in the Hindu religious development in the future such educational and Hindu religious institutions.
In the context of this judgment, an important decision emerges between the fundamentals of the secular Indian Constitution and the exclusive right of Hindu temple management.
Only Hindus are eligible for appointment in colleges started on temple funds… Court orders
