MANHARLEEN KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is a lady belonging to the Sikh community, has approached this Court being aggrieved by the action of respondent nos.3 and 4 in not permitting her to appear in the examination for selection to the post of PGT-Economics (Female) held on 17/7/2021 even though she had, on the basis of the admit card issued to her, reached the examination centre before the closing time. It is the petitioner's case that she was informed that she would not be permitted to appear in the examination till she removed her metallic kara.

(2.) Learned counsel for the petitioner submits that the petitioner is a lady following the Sikh religion and merely because she was wearing a kara when she reached the examination centre, she could not be denied permission by respondent nos. 3 and 4 to appear in the examination. He submits that respondent nos.3 and 4 were wholly unjustified in directing the petitioner to remove her kara as a precondition for appearing in the examination which she rightly refused to remove as the wearing of the metallic kara is one of the basic tenets of Sikh religion. By placing reliance on the decision dtd. 3/5/2018, of a Division Bench of this Court in W.P.(C) 7550/2017, 'DSGMC and Ors. vs. Union of India and Ors.', he contends that every person practicing the Sikh religion is enjoined to wear a kara and/or a kirpan as they are the primary articles of faith for professing the Sikh religion.

(3.) He further submits that the reliance placed by the respondent nos.3 and 4 on the circular dtd. 19/7/2021 to urge that in case the petitioner wanted to appear in the examination wearing a kara, she ought to have reached the examination centre at least one hour before the reporting time, is wholly misplaced as the said circular was issued only on 19/7/2021, i.e., two days after the examination was scheduled to be held. He, therefore, submits that the respondents are wrong in urging that there was already a notification/ circular informing the candidates desirous of wearing a kara and/or kirpan, to reach the examination centre atleast one hour before the reporting time.