Kolkata: The Calcutta High Court has ruled that while every individual has the fundamental right to practise and profess their religion, that right does not extend to making statements that could hurt the religious beliefs or sentiments of others. The court made the observation while setting aside an earlier order directing a Kolkata college to appoint a candidate as an assistant professor.
The case arose after the Ramkrishna Mission College in Narendrapur challenged a single-judge order issued on September 4, 2025, which had directed the institution to appoint Tamal Dasgupta as an assistant professor of English.
A division bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi allowed the college's appeal, holding that the institution was justified in declining the appointment after examining the candidate's public social media activity.
The bench observed that Dasgupta had made several social media posts expressing strong views about religions other than his own, as well as comments regarding the Ramkrishna Mission and its monks. According to the court, such posts had the potential to offend the religious sentiments of others and were relevant for the college while assessing his suitability for the post.
The court rejected the candidate's contention that the refusal to appoint him violated his constitutional rights to freedom of speech and freedom of religion. It held that the college's decision neither restricted his ability to express his views nor prevented him from practising his religion, but was confined to assessing his suitability for employment.
The judges noted that the governing body had taken its decision in the interest of the educational institution after considering the candidate's conduct on social media. Since the decision was found to be bona fide and based on relevant considerations, it could not be termed arbitrary or unreasonable.
Setting aside the earlier single-bench order, the division bench held that the college was not legally bound to appoint a candidate merely because the West Bengal College Service Commission had recommended the individual.
Referring to the provisions of the West Bengal College Service Commission Act, 2012, the court said educational institutions retain the authority to refuse an appointment if the decision is taken in good faith, is free from arbitrariness and serves the best interests of the institution.
The bench further observed that while candidates participating in the recruitment process are entitled to fair consideration, a recommendation by the Commission does not confer an absolute right to appointment.
During the proceedings, counsel for the college argued that Ramkrishna Mission College is run by the Ramkrishna Mission, a religious and charitable organisation, and that the governing body found the candidate's public statements and social media posts to be inconsistent with the institution's values and philosophy.
On the other hand, Dasgupta's counsel maintained that his client's social media posts reflected personal opinions and had no bearing on his academic qualifications or teaching ability. However, the High Court ultimately accepted the college's stand and upheld its decision to reject the appointment.