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Madras High Court on HRCE Act
November 30 , 2024
12 days
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- The Madras High Court has held that only Hindus can be appointed to teaching as well as the non-teaching vacancies in self-financing colleges and the schools established with temple funds by the Hindu Religious and Charitable Endowments (HR&CE) department.
- Such appointees would be deemed to have relinquished the post the moment they cease to profess Hinduism.
- A self-financing institution, which does not receive any government aid, would not fall under the definition of the term ‘State’ in order to provide equality of opportunity in public employment.
- Also, a self-financing college established with temple funds and whose recurring expenses were met with fees collected from students would not fall under Articles 16(1) and (2) of the Constitution.
- It would instead fall under Article 16(5) which permits appointment based on religion in certain denominational institutions.
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