Mention of religion not a must, rules AP High Court

By S A Ishaqui
Hyderabad, April 26 : The AP High Court on Monday declared that an educational institution cannot reject any application on the grounds of non-disclosure of the religion of the parents and their ward.

Justice C. V. Nagarjuna Reddy was dealing with a petition filed by Mr. D. V. Ramakrishna Rao seeking a direction to the principal, St. Ann's High School, Tarnaka, to admit his daughter in LKG.

The judge said "prima facie my view is the school management cannot force the petitioner to disclose religion against their conscience."

The judge observed that such an act violates the fundamental rights guaranteed under
Article 25 of the Constitution. Article 25 of the Constitution protects freedom of
conscience and right to freely profess, practise and propagate religion.

He said an important Constitutional issue arises in the writ petition, whether a
recognised educational institution in the state can refuse admission of a person merely on the ground that the parents of the applicant decline to indicate the religion to which the candidate belongs.

Justice Reddy observed “in a secular country like ours, the State or any person cannot insist on a citizen to disclose his religion unless such a person seeks benefit out of his status”.

He said, “I am also prima facie of the opinion that the freedom of religion guaranteed under Article 25 of the Constitution includes freedom not to profess any religion."

Mr D Suresh Kumar, counsel for the petitioner told the court that the school management
informed that the application of admission of his client's minor child Sahaja was
rejected as her status of casts and religion mentioned as non religious.

He said that the petitioner submitted representations to the Commissioner and Director of School Education, and the District Education Officer, Hyderabad, but they did not respond till date. He sought direction to the official respondents to take steps to frame and issue appropriate guidelines to education institutions to allow the identity status of parents of children as non religious when they opted for it.

The judge admitted the petition by directing the school management to consider the
application of the petitioner for admission of his daughter into L K G without reference to the column 'religion' and not to reject the application on the ground of non- disclosure of religion.