RAJENDRAN NAIR Vs. PRINCIPAL UNIVERSITY COLLEGE

JUDGEMENT

(1.) AN unusual but interesting case is before me in this original Petition. The petitioner claims to belong to the 'siddha Samaj', said to be a religious community founded by one Swami Sivananda Paramahamsa. The claim that it is a religious community is not admitted. All the same it can be said that the petitioner is a follower of some cult founded by toe said swamiji. A copy of the rules governing the student members of the cult has been produced in this case during the course of the hearing. The petitioner claims to have been initiated as a Siddha Vidyarthi, a student member, some years ago and he is said to be continuing as such. It is claimed that the members of the siddha Samaj founded by the Swamiji practises Siddha Vidya for the attainment of self-realisation The adherents of this faith are said to believe in universal brotherhood and the Divine Supreme. The members of the Samaj including the Siddha students are, according to the petitioner, bound to follow a code of ethics which seek to regulate their observances and practices. These are said to extend even to matters of food and dress. The petitioner avers that the members of the Samaj and Siddha Vidyarthies are strictly forbidden from wearing shirts, coats or other sewn-garments, though they are permitted to cover their nakedness completely by wearing long white and clean dothies and also by covering the upper part of the body with clothes of similar description.

(2.) THE petitioner is employed as an Upper Division Clerk in the Sewage Farm Valiyathura, Trivandrum , and he is of the age of 26. According to him while attending to his work in his office he does not wear a shirt but covers the upper part of the body with a shawl. He has passed his pre- degree examination and is said to be eager to seek higher education in History and Philosophy. In the University evening college at Trivandrum there is a course in History and Philosophy for the B. A. degree and the petitioner applied for admission to this course. Pursuant to such application he was asked to appear before the first respondent, the Principal of the University College for interview. THE first respondent before whom he so appeared on 20 91977, noticing that the petitioner was not wearing a shirt, asked him why that was so. THE petitioner is said to have explained that consistent with the practice of the religious sect to which he belonged he could not wear a shirt. It is his case that the Principal seemed to be convinced of the propriety of the petitioner's stand She incidentally it is a lady Principal is said to have directed him to obtain a certificate from the Head of the Samaj concerning the objection to wearing a shirt and it is said that pursuant thereto the original of Ext. P1 certificate issued by the Siddha Samaj Head Office THE first respondent was not prepared to act upon this and accordingly she issued a memo to the petitioner, Ext. P2, informing him that he would be admitted to the first year B. A. Degree course only if he satisfied the day-to-day requirement of coming to the College and attending classes properly dressed as stipulated in the College Calendar. He was further told that a proper dress meant, in the case of a male student, a minimum of a dothi/pant and a shirt of any description. He was further told that the present pattern of his dress, a dhoti and a shawl as upper garment will create the problem of indiscipline among the students. He was asked to co-operate. THE petitioner complained against this to the Director of Collegiate Education. But that was of no avail and hence he has resorted to this Court.

(3.) THE claim of the petitioner that he, as a Siddha vidyarthi, is forbidden from wearing a shirt is strongly refuted. It is said that on enquiry with the authorities of the Mar Ivanios College . Trivandrum , where the petitioner was a student, it was understood that he was always attending the classes dressed in a shirt. It is also said that the restriction regarding the dress among the members of Siddha Samaj is applicable only when they appear in their Ashram and not when they appear in their working place.