Through his posts, the petitioner expressed strong views on religions, the conduct of the Ramakrishna Mission, of which the college is a part, and the monks under it, the court noted. (AI-generated image)The Calcutta High Court recently upheld the decision of Ramakrishna Mission Residential College, Narendrapur, refusing the appointment of a candidate recommended by the West Bengal College Service Commission (WBCSC) as an assistant professor, citing his social media posts against the Ramakrishna Mission and its monks.A bench of Justices Debangsu Basak and Md Shabbar Rashidi observed that the right to profess religion does not allow one to hurt the religious sentiments of others.“Every person has the fundamental right to profess his or her religion. Right to profess such religion however, cannot be construed to mean that, such person is permitted to hurt the faith or the religious sentiments of any other person,” stated the July 1 order, while setting aside a single-judge’s 2025 ruling that directed the college to issue an appointment letter.The West Bengal College Service Commission had recommended the appointment of the petitioner to the post of assistant professor of English in 2023 following a selection process. However, the governing body of the college refused to accept the recommendation, citing his public social media posts expressing strong views on religion and society.The counsel appearing for the college said that the posts displayed hatred, and contained demeaning and insulting remarks directed at another religion and the ideology of Ramakrishna Mission and its monks. The governing body concluded that appointing him would permanently vitiate the atmosphere of the college. Justices Debangsu Basak and Md Shabbar Rashidi observed that the man’s online posts in question had the capacity to hurt religious sentiments.Following this, the appointee approached the high court, where a single judge disposed of the plea by directing the college to issue a letter of appointment in his favour. Challenging this order, the college filed an appeal.Posts could hurt religious sentiments: CourtThe high court noted that the petitioner did not possess an absolute right to the appointment and observed that it was refused on a plausible ground. The college has the right to refuse a candidate’s appointment, provided that the decision is bona fide, free of arbitrariness and in the best interest of the concerned institution, it said.Story continues below this adAlso Read | ‘Suicides due to dowry torture not very rare’: Court slashes husband’s life term to 10 yearsThe judges observed that the Facebook posts in question had the propensity to hurt the sentiments of other religions. “There is nothing on record to establish that, the decision of the appellants is malafide or contrary to the best interest of the concerned institution,” the court held.Through the Facebook posts, the petitioner had expressed strong views on religions, the conduct of the Ramakrishna Mission, of which the college is a part, and the monks under the mission, the court noted and rejected his contention that the college’s decision affected the fundamental right to freedom of speech and to practise religion.“The decision of the appellant (college) is in relation to a recommendation made by the West Bengal College Service Commission and has no bearing on either the freedom of speech of the writ petitioner or his fundamental right to practice his religion,” the court remarked.Bench allows college’s pleaIt pointed out that the college neither prevented the man from expressing his views nor restrained him from practising his religion. “We need not enter into the arena as to whether or not the views of the writ petitioner are obscene or seditious as they are not issues for the purpose of consideration of the impugned decision of the College in the writ petition,” the high court added.Story continues below this adAlso Read | Forced to attend conference in borrowed suit after airline loses bag, banker wins Rs 15,000The bench allowed the college’s appeal, dismissed the candidate’s cross-objection and set aside the single judge’s order directing his appointment.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More