Have Withdrawn Advertisement Mandating Disclosure Of Religion For Appointment Of Guest Faculty: Ambedkar University To Delhi High Court

The Dr. B. R. Ambedkar University on Friday informed the Delhi High Court that it has withdrawn the advertisement requiring a mandatory disclosure of religion by those applying to the post of Guest Faculty in the varsity’s School of Global Studies.

Justice Chandra Dhari Singh was informed by the varsity’s counsel that the employment notice published on July 24 has been withdrawn.

Taking note of the University’s submission, the court disposed of a plea moved by three “prospective applicants” for their empanelment as the Guest Faculty who challenged the advertisement.

It was their case that the advertisement is erroneous, unlawful and violative of their rights to privacy and freedom to freely profess, practice or propagate any religion, as guaranteed under the Constitution of India.

Advocates Archit Krishna, Tamanna Pankaj and Priya Vats represented the petitioners.

It was the petitioners’ case that one's religious affiliation has no bearing on their ability to excel as an educator or teacher and that a mandatory requirement to disclose religious affiliation disproportionately infringes an individual’s right to privacy with no legitimate aim in sight.

“Finally, mandatory declaration of religious affiliation does not serve any legitimate aim of diversity or affirmative action and thus cannot constitute a valid infringement of the fundamental right to privacy,” the plea stated.

It added: “It is submitted that any recruitment process for teachers/educators must focus on evaluating the applicants' qualifications, experience, and skills that directly relate to their role as an educator. There exists no requirement for an educational institution, especially a government or government aided institution, to require any citizen to disclose their faith in order to determine whether they are suitable for the post of teacher/educator.”

Title: TEJASWI CHHATWAL & ORS. v. DR.B.R. AMBEDKAR UNIVERSITY DELHI AND ANR.

Citation: 2023 LiveLaw (Del) 650