HC stays recruitment of HR&CE executive officers

By Our Staff Reporter

CHENNAI, NOV. 13. The Madras High Court has stayed all further proceedings relating to the recruitment of Executive Officers in the HR&CE Department, the advertisement for which was issued by the Tamil Nadu Public Service Commission on October 19.

An order was passed by the First Bench comprising the Chief Justice, Mr. B. Subhashan Reddy, and Mr. Justice K. P. Sivasubramniam, admitting a petition filed by Mr. T. S. Mani on behalf of the Thanthai Periyar Dravida Kazhagam today.

Noting that the advertisement specifically mentioned that women were not eligible for recruitment, the petitioner said it amounted to discrimination against women on the ground of sex, and hence liable to be set aside.

According to Mr. Mani, the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 itself did not prohibit the appointment of women in any of the services.

Citing a Supreme Court ruling, he said when a woman was entitled to be appointed as a temple priest, there should not be any objection for a woman being appointed as Executive Officer. ``The restriction is unreasonable and arbitrary'', he added.

Women are entitled to have equal right in all aspects as guaranteed in the Constitution and it should not be allowed to be taken away, he noted.

Stay on another petition

Through another petition, Mr. Mani sought to stay all proceedings for recruitment of Executive Officers for which the candidate shall be ``a person professing Hindu religion and shall cease to hold office as such when he ceases to profess that religion''.

Describing this as discrimination on religious grounds, Mr. Mani said the post was non-religious and it does not have anything to do with religious performances within temple premises. Noting that religious knowledge was not required for the post, Mr. Mani said the precondition that only Hindus should apply for the post affected the fundamental rights of aspirants.

As per the conditions, an atheist, despite being a born Hindu, will not be eligible for the post, he said, adding that the post was a secular one with only administrative responsibilities attached to it.

Admitting the petition, the First Bench granted interim stay on all further recruitment proceedings, and directed the Government to file its counter within two weeks.

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Section  : Southern States
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