HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No. 6817 of 2008 Date: 17.11.2009 Between: Dr.P.Mohamad Rai, Nellore, Nellore District. … Petitioner And Tirumala Tirupathi Devasthanams, Tirupathi, Rep., by its Executive Officer. … Respondent HONOURABLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 6817 of 2008 ORDER: The respondent-Tirumala Tirupathi Devasthanams vide notification dated 02.09.2007 invited applications from qualified candidates for 22 posts of lecturers in S.V.Ayurveda College, Tirupathi. The petitioner, who possessed the qualification of BAMS (Batchelor of Ayurvedic Medicine and Surgery) from the very same S.V.Ayurveda College, Tirupathi and also did M.D.Ayurveda from NTR University of Health Sciences being fully qualified, wanted to make an application for the post of lecturer in Kayachikithsa. However, the petitioner did not receive the call letter on the ground that as per condition No.6 specified in the notification dated 02.09.2007, the persons professing Hindu Religion only were eligible to apply for the post notified. It is not in dispute that the writ petitioner is not a person professing Hindu Religion. However, the action of the respondent in not considering the candidature of the petitioner has been assailed in this writ petition contending that the action of the respondent in restricting the persons into employment from only one religion is arbitrary, illegal and unconstitutional. Accordingly, the petitioner seeks a Mandamus to declare the impugned notification dated 02.09.2007 as illegal and consequently to set aside the same. In the counter affidavit filed on behalf of the respondent, it is contended as under: S.V.Ayurveda College, Tirupathi is one of the educational institution being run by the Tirumala Tirupathi Devasthanams exclusively with its funds. Section 111 of the A.P.Charitable Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) provides that the funds of the Tirumala Tirupathi Devasthanams shall be accumulated or collected by way of donations, gifts, kanukas including offerings deposited in Hundis and any income from any other source and all payments by Tirumala Tirupathi Devasthanams shall be made from the said funds. Sub-section (4) of Section 111 of the Act further provides that the funds of Tirumala Tirupathi Devasthanams can be utilized for maintenance, management and administration of the temples specified in the first schedule and also for educational institutions and other institutions specified in the second schedule etc. Thus, the funds of the Tirumala Tirupathi Devasthanams which are being collected from Hundi collections and other donations can be utilized for the development and administration of the temples as well as for the institutions including educational institutions established. One of the said institutions is S.V.Ayurvedic College, Tirupathi which is totally funded by T.T.D. only. Even though, the college is affiliated to N.T.R. University of Health Sciences, Vijayawada for the purpose of recognizing the Degrees being issued, the Government has no role to play for funding and administration. As the students are admitted to the said college basing on merit in the EMCET examination according to norms of the N.T.R. University, the college is bound to admit the students of all communities irrespective of caste. However, the teaching and non-teaching staff of S.V.Ayurveda College, Tirupathi is exclusively selected by the T.T.D. since it is a Hindu religious institution, the T.T.D. has right to select its staff from the persons professing Hindu religion. According to Section 2(23) of the Act, the ‘religious institution’ means a math, temple or specific endowment and includes a Brindhavan, Samadhi or any other institution established or maintained for a religious purpose. Section 2(28) defines “Tirumala Tirupathi Devasthanams” as temples specified in the First Schedule and the endowments and properties thereof and shall include the educational institutions and the other institutions specified in the second schedule and the endowments and properties thereof and Tirumala Tirupathi Devasthanams shall be deemed to be constituted into a single religious institution for the purpose of this Act. While reiterating the above stand, the learned counsel for the respondent contended that S.V.Ayurveda College, Tirupathi is a Religious Institution and therefore, the respondent has every right to choose his staff subject to condition that they shall profess Hindu Religion. Having heard the learned counsel for both the parties, I do not find any substance in the contention of the respondent in view of Rule 9(vi) of the Tirumala Tirupathi Devasthanams Employees Service Rules, 1989 (for short ‘the Rules’) which runs as under: “Appointment to any of the categories of posts in Annexure-II except in the case of Teaching Institution shall be made only from among the persons professing Hindu Religion.” It is not in dispute that Annexure-II covers the cadres of special grade Deputy Executive Officer to the attenders, sweepers/scavengers in Health Department. Thus, as per Rule 9(vi), all the persons appointed to the said posts should be professing Hindu Religion. However, Rule 9(vi) itself provides an exception so far as the posts in the Teaching Institutions are concerned. Thus, it is clear that so far as the posts in Teaching Institutions are concerned, the condition that the appointment shall be made only from persons among Hindu Religion does not apply. Having regard to the above statutory rule, the stand taken by the respondent cannot be accepted. Consequently, the impugned notification inviting applications only from the persons professing Hindu Religion is apparently illegal being contrary to the statutory provisions. However, the learned counsel appearing for the Corporation has brought to my notice that Rule 9(vi) of the Rules, has been amended by G.O.Ms.No.1372 dated 25.10.2007 as under: “9 (vi) Notwithstanding anything contained in these rules or any other rules now in vogue, appointment to any of the posts in any category in any of the institutions administered or substantially funded by the Tirumala Tirupathi Devasthanams shall be made only from among the persons profession Hindu Religion.” It is to be noticed that the above said amendment to Rule 9(vi) has been made only on 25.10.2007, whereas the impugned notification was issued on 02.09.2007. Hence, it is not open to the respondents to rely upon the amended Rule 9(vi). The impugned notification dated 02.09.2007 is required to be in terms of Rule 9(vi) as it stood as on the date of the notification. Since as on that date, there was an exception so far as the posts in the Teaching Institutions are concerned, the impugned condition restricting the appointment only to the persons professing Hindu Religion cannot be sustained. Accordingly, the impugned notification is hereby declared as arbitrary and illegal and the writ petition is allowed. No costs. ___________ G. ROHINI, J. Date: 17.11.2009 KLP