Madras High Court Upholds 'Only Hindus' Condition For Appointment In Temple-Run Self-Financing College, Applies Article 16(5)
3 weeks, 5 days ago

Madras High Court Upholds 'Only Hindus' Condition For Appointment In Temple-Run Self-Financing College, Applies Article 16(5)

Live Law  

The Madras High Court recently held that a self-financing institution which is run by a temple would not come within the purview of Article 16 and Article 16 of the Constitution. The court highlighted that as per Section 10 of the Hindu religious and Charitable Endowment Act, only a person professing the Hindu religion could be appointed to the colleges and he shall cease to hold office when he ceases to profess the religion. He submitted that Article 16 would be applicable only to Hindu religious institutions or denominational institution or governing body of the Hindu Religious Institution and not to colleges run by the department. The respondent authorities however argued that the College was fully funded institution under the Arulmigu Kapaleeswar Temple and thus the department had to abide by the provisions of the Hindu Religious and Charitable Endowment Act while selecting persons to be employed in the college.

Religious Constitution Court College Act Article Section 10 Institution Only Hindus Hindu Suhail  provisions  hindus  article  high  institution  court  hindu  suhail  college  religious  selffinancing  upholds  act  madras  hr  templerun  condition

History of this topic

Only Hindus can be hired as staff in colleges that are run with funds from Hindu temples: Madras HC
3 weeks, 5 days ago

Only Hindus can be hired as staff in colleges that are run with funds from Hindu temples: Madras HC

Op India  

The Madras High Court rejected a petition contesting the recruitment notice that stated that being a Hindu is mandatory for employment in institutions run by Hindu temples. The High Court ruled that Hindu Religious and Charitable Endowments Act only permits the appointment of Hindus to positions at a college founded with temple funds alone. According to the recent ruling by …

Madras High Court: Every Claim Of Operational Creditors Includes Right To Their Property Under Article 300A Of The Constitution
6 months, 1 week ago

Madras High Court: Every Claim Of Operational Creditors Includes Right To Their Property Under Article 300A Of The Constitution

Live Law  

The Madras High Court comprising of Justice N. Seshasayee held that every claim by operational creditors involves a right to their property under Article 300A of the Constitution of India. Observations by the High Court: The Madras High Court dismissed the writ petition and highlighted a key point that every claim by operational creditors involves a right to their property …

UP madrasa law 'unconstitutional, against secularism': High Court's big order
9 months ago

UP madrasa law 'unconstitutional, against secularism': High Court's big order

India Today  

The Allahabad High Court on Friday declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism. A bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi also directed the Uttar Pradesh government to plan a scheme to accommodate students currently studying in Madrasas, into the formal education system. The Lucknow branch of …

Why Madrasa Board Under Minority Dept, Not Education?; Can Persons Of Specific Religion Only Be Appointed To Board?: Allahabad HC Asks UOI, UP Govt
1 year ago

Why Madrasa Board Under Minority Dept, Not Education?; Can Persons Of Specific Religion Only Be Appointed To Board?: Allahabad HC Asks UOI, UP Govt

Live Law  

Amid the ongoing controversy over madrasas in Uttar Pradesh, with the state government surveying the Islamic education institutions in 2022 and forming an SIT last month to probe madrassas' funds from abroad, the Allahabad High Court last week questioned the need for the Madarsa Board to run under the Minority Department rather than the Education Department of the state.The bench …

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State
1 year, 5 months ago

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State

Live Law  

The Rajasthan High Court has directed the State to file an affidavit disclosing the details with regard to the curriculum and the mode of selection and appointment of staff in the Madrasas. The bench of Chief Justice Augustine George Masih and Justice Vinit Kumar Mathur said, “Let an Affidavit be filed by the State, specifically giving therein the details of …

Madras High Court Weekly Round-Up: June 19 to June 25
1 year, 5 months ago

Madras High Court Weekly Round-Up: June 19 to June 25

Live Law  

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw 169 To 2023 LiveLaw 173 NOMINAL INDEX Aarur Tamilnadam v S Sankar and others, 2023 Livelaw 169 Sudha Sarveshkumar v Chief Secretary and others, 2023 LiveLaw 170 Elephant G Rajendran v The Registrar General and others, 2023 Livelaw 171 Kannaian Naidu and others v Kamsala Ammal …

How religious edu can be imparted at state’s expense: Allahabad HC asks Centre, U.P. govt
1 year, 8 months ago

How religious edu can be imparted at state’s expense: Allahabad HC asks Centre, U.P. govt

Hindustan Times  

The Lucknow bench of the Allahabad high court has directed the Centre and the Uttar Pradesh government to file affidavits explaining how religious education can be imparted in government-funded madrasas at the government’s expense. The court ordered both the Centre and the state government to file affidavits within the next six weeks noting that in madrasas religious education is also …

Can Religious Education Be Imparted In Govt-Funded Madrasas, Does It Violate Articles 14, 25, 26, 29 & 30?: Allahabad HC Asks Centre, State Govt
1 year, 8 months ago

Can Religious Education Be Imparted In Govt-Funded Madrasas, Does It Violate Articles 14, 25, 26, 29 & 30?: Allahabad HC Asks Centre, State Govt

Live Law  

The Allahabad High Court recently sought a response from the Central and State Governments as to whether religious education can be imparted in Government funded Madrasas and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India. "The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government …

SC to Examine if Administration of Educational Institution by Minority Community Will Give it Special Status
2 years, 2 months ago

SC to Examine if Administration of Educational Institution by Minority Community Will Give it Special Status

News 18  

The Supreme Court has agreed to examine whether an educational institution administered by members of a minority community would result in it being conferred the status of a minority institution. The top court was hearing an appeal filed by Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust challenging the Allahabad High Court order which observed that mere administration of an …

SC to examine if educational institution run by minorities will get special status
2 years, 2 months ago

SC to examine if educational institution run by minorities will get special status

Deccan Chronicle  

NEW DELHI: The Supreme Court has agreed to examine whether an educational institution administered by members of a minority community would result in it being conferred the status of a minority institution. The top court was hearing an appeal filed by Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust challenging the Allahabad High Court order which observed that mere administration …

Madrassas Run On State-Funds Can't Impart Religious Instructions: Gauhati High Court Upholds Assam Law
2 years, 10 months ago

Madrassas Run On State-Funds Can't Impart Religious Instructions: Gauhati High Court Upholds Assam Law

Live Law  

In a significant judgment delivered on Friday, the Gauhati High Court has upheld the constitutionality of the law passed by the Assam assembly in 2020 to convert State-funded Madrassas into general schools.The High Court upheld the constitutional validity of the Assam Repealing Act 2020 which repealed the Assam Madrassa Education. Advocate General of Assam D Saikia clarified to the Court …

'Not Secular Money': Madras High Court Restrains HR&CE Dept From Establishing New Colleges
3 years, 1 month ago

'Not Secular Money': Madras High Court Restrains HR&CE Dept From Establishing New Colleges

Live Law  

The Madras High Court has put an interim stay on setting up of new educational institutions by the Hindu Religious & Charitable Endowments Department, using surplus Temple funds, other than the four colleges that are already set up. For the time being, the bench has asked the State to ensure introduction of a subject on Hindu religion, in accordance with …

Madras High Court Dismisses Plea Seeking Appointment Of Watchmen In 44,000 Temples Across The State; Says Purely An Administrative Decision Of Temples Concerned
3 years, 1 month ago

Madras High Court Dismisses Plea Seeking Appointment Of Watchmen In 44,000 Temples Across The State; Says Purely An Administrative Decision Of Temples Concerned

Live Law  

Madras High Court has on Monday dismissed a petition seeking the appointment of watchmen on a uniform basis in all temples under the Hindu Religious & Charitable Endowment Department in Tamil Nadu. Appointment of watchmen in temple complexes is purely an administrative decision of the relevant temple, the court noted in its order. The court took note of the recent …

Madras High Court Seeks State's Response In Plea Challenging Recruitment Of Only Hindus In HR&CE Educational Institutions
3 years, 2 months ago

Madras High Court Seeks State's Response In Plea Challenging Recruitment Of Only Hindus In HR&CE Educational Institutions

Live Law  

The Madras High Court on Friday sought State government's response in a plea questioning 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. Advocate General R. Shunmugasundaram argued before the Court that pursuant to Section 10 of the Tamil Nadu Hindu Religious and Charitable …

Plea In Madras High Court Challenges Appointment Of Priests By 'Fit Persons' Instead Of Temple Trustees
3 years, 2 months ago

Plea In Madras High Court Challenges Appointment Of Priests By 'Fit Persons' Instead Of Temple Trustees

Live Law  

The Madras High Court on Wednesday observed that appointment of priests in temples managed by Fit Persons shall be subject to the result of a case which claimed that only trustees are entitled to make such appointments. The petitioner further contended that the statutory rules allow sacrosanct agamas by permitting appointments without insisting upon the need for the appointee to …

Is State Funding To Madrasas & Other Religious Educational Institutions Consistent With Constitution's Secular Scheme?: Allahabad HC Seeks Govt Reply
3 years, 3 months ago

Is State Funding To Madrasas & Other Religious Educational Institutions Consistent With Constitution's Secular Scheme?: Allahabad HC Seeks Govt Reply

Live Law  

The Allahabad High Court recently decided to consider a bunch of questions framed by it on issues related to religious educational institutions like Madrasa vis-a-vis the role of and interplay between the State Government and such institutions within the framework of the Constitution.The Bench of Justice Ajay Bhanot was hearing the plea of a Madrasa duly recognized by the Madrasa …

Madras High Court Seeks State Govt's Response On Plea Challenging 7.5 Percent Reservation Of Seats In Medical Colleges For Government School Students
3 years, 4 months ago

Madras High Court Seeks State Govt's Response On Plea Challenging 7.5 Percent Reservation Of Seats In Medical Colleges For Government School Students

Live Law  

The Madras High Court on Monday sought the State government's response in a batch of petitions challenging the constitutionality of the Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to students of Government Schools Act, 2020. The impugned legislation grants a horizontal reservation of 7.5 per cent seats in medical colleges for …

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