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Synopsis

The Delhi High Court on Monday directed the Delhi Subordinate Services Selection Board (DSSSB) to ensure that adequate notice of this additional requirement for candidates desiring to wear a kara and/or kirpan to arrive at the examination centre one hour before the reporting time is provided well in advance so that no undue hardship is not caused to them.

Justice Rekha Palli ordered that not only the DSSSB but all other recruiting agencies that conduct similar examinations are expected to take appropriate steps in this regard well in advance of the examinations.

Counsel for the petitioner claimed that the aforementioned action violated the Petitioner's Fundamental Right guaranteed under Article 25 of the Indian Constitution, which allowed her to practice and profess the Sikh religion.

The Petitioner’s case was that the authorities did not allow her to appear in the examination for the post of PGT-Economics (Female) held in July last year, despite the fact that she had arrived at the examination center before the closing time on the basis of the admit card issued to her.

It was claimed that she was told she wouldn't be allowed to take the exam unless she removed her metallic kara.

To this, Court observed that it is extremely unfortunate that a specialized body like the DSSSB, which regularly conducts examinations for various posts in the public sectors in Delhi and in which a large number of Sikh candidates regularly appear, did not bother to take any timely action to inform the candidates that if they wanted to wear a kara and/or kirpan, they were required to arrive at the examination center at least one hour before the reporting time.

On Contrary, counsel appearing for the DSSSB contended that they have always allowed all Sikh candidates wearing kara and/or kirpan to appear in examinations as long as they arrive one hour before the reporting time, and thus the petitioner's claim that she was denied to appear in the examination violates her right to practice Sikh religion is incorrect and without any basis.

Court further observed, “the respondent nos. 3 and 4, by failing to inform prospective candidates about the requirement to arrive at the examination center at least one hour before the reporting time and by preventing the petitioner from appearing in the examination until she removed her kara and allowed the sleeves of her dress to be cut to half, have wrongfully prevented the petitioner from appearing in the examination where she had an opportunity of being selected and a chance of being selected (Female).”

Court noted that the counsel for the petitioner submits that the petitioner has no objection to appearing in the examination for the said post if she is granted the necessary age relaxation and the examination is conducted in a timely manner.

Accordingly, as per the request of the counsel for DSSSB, Court granted time to obtain instructions on when a new examination for the said post is likely to be held and whether a new requisition for filling the said post has been received from the concerned employer.

The matter has been listed for further hearing on August 2.

Case Title: Mrs. Manharleen Kaur v. Union of India & Ors.