Ad mandating disclosure of religion for job post retracted, Ambedkar University tells Delhi HC

Update: 2023-08-04 20:24 IST

Delhi High Court

New Delhi: The Dr. B. R. Ambedkar University on Friday informed the Delhi High Court that it has withdrawn an advertisement mandating the disclosure of religion for applicants to the post of Guest Faculty in the School of Global Studies.

A bench of Justice Chandra Dhari Singh was dealing with a plea by three potential applicants who challenged the advertisement.

On the university's counsel apprising the court that employment notice, published on July 24, has been retracted, it disposed of the plea.

The applicants contended that the advertisement violated their right to privacy and freedom of religion, both guaranteed by the Constitution.

They argued that one's religious affiliation shouldn't affect their ability to excel as educators and that requiring the disclosure of religious affiliation infringed upon their privacy rights without a valid purpose.

The petitioners said that a teacher's recruitment process should primarily evaluate qualifications, experience, and skills relevant to the role, rather than religious beliefs. The plea further said that the mandatory declaration of religious affiliation didn't serve any genuine diversity-related or affirmative action purpose.

"...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.

The applicants asserted that educational institutions, especially government or government-aided ones, should not impose a requirement for citizens to disclose their faith as a determinant of suitability for teaching roles.

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