Earlier Ban On Central Govt Employees From Joining RSS Painted Its Apolitical Activities As 'Communal' & 'Anti-Secular': MP High Court

In a matter connected to the controversial ban on central government employees joining RSS, the Madhya Pradesh High Court remarked that the previous union governments had painted the 'whole universe of even the apolitical activities' of RSS as 'communal/anti-Secular', which had drastic consequences.

“….The issuance of the OMs painting the whole universe of even the apolitical activities of RSS as communal, anti-secular and against national interest is a decision having drastic consequences, not only for the organisation, but also everybody aspiring to associate with it with the noble interest of rendering community & public service”, the court made a pertinent observation in its order yesterday.

The Division Bench of Justices Sushrut Arvind Dharmadhikari and Gajendra Singh was scrutinizing the erstwhile ban on RSS membership imposed by Office Memorandums decades ago, which applied to central government employees.

“…membership of RSS per se may not aim at or drive oneself always to the involvement in the political activities of the organisation, much less being engaged in communal or anti-national or anti-secular activities. This fine distinction had perhaps been glossed over when the impugned OMs were issued by the Central Government 45 to 50 years back”, the bench sitting at Jabalpur reflected.

The court lamented that it took the Union of India five decades to liberate an 'internationally famed' organization like RSS, involved in a plethora of apolitical activities, from the 'don't join' list of organisations for central government employees.

The court also touched upon the diversity of activities undertaken by RSS and its affiliates that are not political:

“…RSS is the only nationally established self-driven voluntary organisation outside the governmental bureaucratic hierarchy, which has highest mermbership….participating actively in religious, social, educational, health and many apolitical activities, under its umbrella, which have no pertinence to political activities of RSS”, the court initially observed.

The court also detailed the 'apolitical activities' undertaken by volunteers of its umbrella organizations, 'purely out of community service'. The Division bench illustrated the same by referring to the examples of 'Rashtriya Seva Bharathi' and 'Saraswati Shishu Mandirs'. The court also mentioned the 'social and philanthropic facet' of RSS, including its volunteers' active participation in rehabilitation and disaster management drives.

“…A banyan tree network established on a pan India level across the country, with lakhs of volunteers drawn from all the States serving selflessly. Can RSB be treated as a 'political organisation', voluntary participation in which be banned, insofar its educational, health and social activities are concerned; would the bar of 'don't join' organisation extend to all the 1000+ affiliated trusts and NGOs working under its large umbrella…', the court raised a question as to whether employees would be guilty of misconduct if they were to participate in the 'educational' and 'social' pursuits of RSB.

The rule-making authorities should have been extremely wary about these 'burning questions' before placing RSS and its subsidiaries on the 'hitlist of don't join' organizations', the court underscored. In this case, the impugned OMs that caused an impediment to the retired government servant Purushottam Gupta and his aspirations to join RSS were issued in 1966, 1970 and 1980.

Inclusion In 'Don't Join' List Only By Way Of Conduct Rules

The court also referred to the apex court judgment in Pharmacy Council of India v Rajiv College of Pharmacy, 2022 LiveLaw (SC) 768 to affirm that the fundamental rights of central government employees under Article 19(1) cannot be curtailed arbitrarily, especially not by an executive instruction in the form of office memorandums. Any inclusion of RSS in the category of 'don't join' organizations can be made only by way of Conduct Rules after compelling evidence and data justify the same, the court built upon its previous observations and precedents relied upon.

“…Other than political, why its religious, social, educational, health related community services also invite a similar treatment be also delved deep into, before holding the same to be a facet of misconduct under Rule 5 of the CCS Rules, 1964', the court further added.

The Ministry of Personnel, Public Grievances & Pension has recently negated the effect of 5-decade-old Office Memorandums by removing RSS from the list of banned organizations for Central Govt employees in July 2024.

'Preconceived Prejudice'

'The court remarked that 'preconceived prejudice' against a nationally and internationally acclaimed organization cannot govern the executive's discretion to classify an organization in the 'Don't Join' List.

“…once the government has decided and taken a conscious decision to review and remove the name of RSS from the litany of banned organisations, then its continuation shouldn't be dependent only on the vagaries, mercy & pleasure of the government of the day”, the court further reasoned, elaborating on why strict guidelines are required for addition to the contentious list of 'don't join' organizations.

The court added that RSS cannot be placed back on the list of banned organisations again without undertaking extensive research.

“… whilst spelling out 'misconduct' under Rule 5 of the CCS Rules, 1964, the Central Government cannot behave as 'be all and above all'...”, the court laid down about the 'don't join' list for government employees.

Case Title: Purushottam Gupta v. Union of India & Ors

Case No: Writ Petition No. 24208 of 2023

Citation: 2024 LiveLaw (MP) 154

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