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What Does the Madras High Court Ruling Mean for Recruitment?

By Adv Shoeb Hakim26 Nov 20241 min read
Tamilnadu men and women standing outside a college

The Madras High Court has made a significant ruling regarding recruitment practices at colleges managed by the Hindu Religious and Charitable Endowments (HR&CE) department, determining that only individuals who identify as Hindus are eligible for employment in these institutions.

Tamilnadu men and women standing outside a college

Tamilnadu men and women standing outside a college

This decision is rooted in the HR&CE Act, which explicitly requires that appointments within such religious establishments be made exclusively from those who profess the Hindu faith.

The court dismissed a challenge to this hiring policy, clarifying that the college operates as a religious entity under the HR&CE Act and is therefore not subject to the provisions of Articles 16(1) and 16(2) of the Indian Constitution, which address equal employment opportunities and discrimination.

Instead, the court affirmed that the situation falls under Article 16(5), which permits exceptions for religious institutions in their hiring practices.

In another matter, the Madras High Court has ordered the provisional attachment of assets belonging to the Mylapore Hindu Permanent Fund Nidhi Limited and its chairman, Devanathan Yadav, amid allegations of fraud involving the misappropriation of depositors’ funds.

This interim order was issued following a petition from M Satheesh Kumar, who leads the Mylapore Hindu Permanent Fund Investors and Depositors Welfare Association.

The petitioner requested the court to secure the financial institution’s properties, along with those of Yadav and two employees associated with his television channel, R Gunaseelan and D Magimainathan, and to ensure these assets are transferred to the appropriate authorities for further investigation and action.

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Adv. Shoeb Hakim

Adv. Shoeb Hakim

I train the people who protect India. And I defend those who need protection. Previously Head of AML & Client ID (AVP), Credit Suisse. Police faculty since 1995.

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