Justice Chandru, describing it as "blatant discrimination", directed the authorities to consider the candidature of a Muslim applicant. "The authorities cannot make it appear that the department of archaeology is a wing of the Hindu Religious and Charitable Endowment (HR&CE) Board... There are other religions such as Buddhism, Jainism, Christianity and Islam, which also had their own sway over the political and geographical boundaries in the areas now known as Tamil Nadu. Therefore, when authorities called for applications for the posts of archaeologists of epigraphists, they ought not to have made blanket reservation in these posts for candidates belonging to Hindu religion alone."
The matter relates to the application of KPA Nalla Mohamed to become an epigraphist or archaeological officer with the government department, as he had post-graduate degrees in Tamil and history, besides a diploma in epigraphy and archaeology from department of archaeology.
When the Tamil Nadu Public Service Commission called for applications for five vacancies of epigraphist, archaeological officer and junior epigraphist, Nalla Mohamed applied. In November 2009, the TNPSC rejected his application, stating that he did not profess Hindu religion. In his writ petition, Nalla Mohamed limited his prayer only to the post of a curator, for which is not religion-specific.
In its counter-affidavit, the government said only persons professing Hinduism were eligible for posts of epigraphist, archaeological officer and junior epigraphist. As for the curator, Nalla Mohamed did not submit evidence to show he had knowledge in Sanskrit, it said.
Justice Chandru, wondering from where the authorities got the right to prescribe such a qualification, said Article 16(1) of the Constitution guaranteed equality of opportunity for all citizens in matters relating to employment to any post under the state. Such restrictions could be created only in connection with affairs of a religion, he said.
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