Aided Colleges Can't Compel Students To Participate In Religious Or Communal Activities Not Approved By Education Dept : Madras High Court
The Madras High Court has held that a aided college cannot compel its students to take part in any religious, communal or other activities which are not approved by the Department of Education. “No College Administration can compel the students of the College to participate in any religious, communal or other activities, which are not approved by the Education Department...
The Madras High Court has held that a aided college cannot compel its students to take part in any religious, communal or other activities which are not approved by the Department of Education.
“No College Administration can compel the students of the College to participate in any religious, communal or other activities, which are not approved by the Education Department of the Government of Tamil Nadu,” the court said.
The bench of Justice SM Subramaniam and Justice AD Maria Clete also observed that if it was found that an aided college was compelling students either directly or indirectly, the Director of Collegiate Education could initiate appropriate action to cancel the aid. The court added that aid should be granted only to colleges that follow the law and the Constitution.
“It is absolutely the choice of the students to participate and there cannot be any compulsion in any form and in the event of any such force or compulsion directly or indirectly, the Director of Collegiate Education/the first respondent is empowered to initiate all appropriate actions to cancel the aid being granted to the college. Granting aid is to be given only to the college, which follows the law in force and the constitution, which protect the rights of the students to participate in a function of this nature,” the court added.
The court also made it clear that no posters or banners indicating communal name or a group's name should be affixed in the college premises and in case such posters are found, the police and the Department of Education could take all necessary action.
The observations were made in a plea filed by Dr. A.K Boominathan seeking directions to the Education Department, the Superintendent of Police, and the Inspector of Police to direct the Yadhavar Kalvi Nidhi to conduct the “Alagumuthu Kone Jayanthi” without disturbing the oeace and harmony in the college.
The court was informed that the Yadhavar Kalvi Nidhi College was an arts and science college aided by the Government of Tamil Nadu and established by the Yadhavar Kalvi Nidhi society. The society wanted to conduct the Alagumuthu Kone Jayanthi in the college.
The petitioner's counsel informed the court that the college administration was compelling the students to participate in the Jayanthi celebration. It was also submitted that in the previous years, the students were made to wear banians in the name of “K.P.S. Ani” (K.P.S. Group). Thus, the petition was filed to protect the rights of the students that were infringed.
On behalf of the college, it was submitted that the day on which the celebration was to be conducted was declared a holiday on account of the freedom fighter's birthday celebration.
The court observed that declaring a holiday was different and no student should be forced to participate directly or indirectly in the celebrations. Thus, the court disposed the plea by directing the Education Department and the police to ensure that no student is being compelled to participate in the celebration.
Counsel for Petitioner: Ms. P. Jessi Jeeva Priya
Counsel for Respondent: Mr. P. Thilakkumar Government Pleader, Mr. T. Senthilkumar Additional Public Prosecutor, Mr. E. V. N. Siva
Case Title: Dr.A.K.Boominathan v. The Director of Collegiate Education and Others
Citation: 2025 LiveLaw (Mad) 240
Case No: W.P(MD)No.18762 of 2025