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1957 Supreme(Cal) 110
HIGH COURT OF CALCUTTA
Sinha
SANJIB KUMAR CHOWDHURY - Appellant
Versus
PRINCIPAL, ST. PAULs COLLEGE - Respondent
Civil Revn. 3009 Of 1956
Decided On : MAY 27, 1957
A.P.CHATTERJEE, SUBIMAL ROY, UPENDRA CH.MALLIK
A Christian College can restrict religious practices within its premises that are contrary to Christian principles, provided that such restrictions do not violate public order, morality, or health.
Headnote:
ST. PAUL'S COLLEGE - RELIGIOUS PRACTICES - ARTICLES 25, 29(2), 30 OF THE CONSTITUTION - FREEDOM OF RELIGION - RIGHT TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS - RESTRICTIONS ON RELIGIOUS PRACTICES IN CHRISTIAN COLLEGE - VALIDITY.
Fact of the Case:
A Christian College, St. Paul's College, received aid from the State and had a majority of Hindu students. The College prospectus stated that religious practices contrary to Christian principles were not allowed. The petitioner, a Hindu student, sought permission to celebrate 'Saraswati Puja' within the College compound, which was denied by the College authorities.
Finding of the Court:
The Court held that Article 29(2) of the Constitution, which prohibits denial of admission to educational institutions receiving State aid on grounds of religion, was not applicable as there was no denial of admission. The Court also held that Article 25 of the Constitution, which guarantees freedom of religion, does not protect secular activities or allow religious practices to be carried out anywhere, including on private property, against the owner's objection.
Issues: 1. Whether Article 29(2) of the Constitution prohibits denial of admission to educational institutions receiving State aid on grounds of religion? 2. Whether Article 25 of the Constitution protects secular activities or allows religious practices to be carried out anywhere, including on private property, against the owner's objection? 3. Whether a Christian College can restrict religious practices within its premises that are contrary to Christian principles?
Ratio Decidendi: 1. Article 29(2) of the Constitution is not applicable where there is no denial of admission to an educational institution receiving State aid. 2. Article 25 of the Constitution protects freedom of religion but does not protect secular activities or allow religious practices to be carried out anywhere, including on private property, against the owner's objection. 3. A Christian College can restrict religious practices within its premises that are contrary to Christian principles, provided that such restrictions do not violate public order, morality, or health.
Final Decision: The Court dismissed the petition, holding that the College's refusal to allow idol-worship within its premises was valid and did not violate the petitioner's right to freedom of religion.
( 1 ) THE facts in this case are shortly as follows:-- There is a well-known College in Calcutta, known as St. Paul's College, the proper designation being St. Paul's Cathedral Mission College. It is a College which was originally founded in 1865 by the Church Missionary Society, as the Cathedral Mission College at 22, Mirzapore Street. It was reformed in 1899 under the name and style of the Church Missionary Society's College and moved to its present site in Amherst Street in 1908. The present name was adopted in 1914. As stated above, the College was founded by the Church Missionary Society, also known as the Church Missionary Society of Africa and the East. The Society has properties in Africa and the East and so far as Calcutta is concerned, it holds properties through the Church Missionary Trust Association Limited. The Society has permitted the governing body of St. Paul's College to use the land and buildings situate in Calcutta, for the purposes of the said College. The constitution of the College provides that the Church Missionary Society had given free occupancy of the land and buildings to the College governing body on the understanding that they will be used for carrying on the College on the lines which the Society had laid down. The lands and buildings of the College are very valuable and are worth several lacs of rupees. For several years, and even at present, the College receives recurring grants from the Government. It is also admitted that although it is a Christian College over 90 per cent, of the students are Hindus. As I have stated above, the present governing body has been allowed to use the premises for the purposes of running the institution in accordance with the principles and policy laid down by the Church Missionary Society, and it is in conformity with these principles and policy that it has been set down in the prospectus issued by the College as follows:-- Religious Life and Teaching. There are services in the College Chapel at 8-30 a. m. daily except Sundays. On alternate Sundays there is an administration of Holy Communion at 7 a. m. Bengali Services are held in Holy Trinity Church, Amherst Street, and students are free to attend the Churches in the city. Non-Christian students are welcome at the Services in the College Chapel. All College students are expected to receive religious teaching twice a week during College hours. Members of the staff are glad to arrange times for private instruction with any student who may so desire. Full liberty of conscience in the matter of personal devotions is given to all students; BUT NO ACTS OF CORPORATE WORSHIP WHICH ARE CONTRARY TO CHRISTIAN PRINCIPLES ARE ALLOWED IN THE COLLEGE.
( 2 ) IT appears that inside the College compound there is a Christian Chapel, but attendance at the Chapel is not compulsory. It is stated however that non-Christian students are welcome at the Services held in the College Chapel. The prospectus, inter alia, lays down that admission into the College in all cases implied an undertaking by the student and his parents or guardians, to submit willingly to the rules and discipline of the College. Prior to admission to the College, a student is required to make an application in the prescribed form. The petitioner made an application in the prescribed form and entered the College on the 27th June 1955, in the 1st year I. Sc. class. In his application he willingly undertook to submit to the rules and discipline of the College, On the 1st February 1956, 181 students of the College, and on the 10th February 1956, 85 students of the College placed two several memoranda before the Principal of the said College asking for permission to celebrate 'saraswati Puja' inside the College compound. If this prayer was granted, it would necessarily involve the installation of the idol of the Goddess Saraswati within the College compound, where it is said, there is an available open space which is suitable for that purpose. The Principal
