The Calcutta High Court has ruled that educational institutions can refuse to appoint job candidates recommended by the state commission if their social media activity is deemed detrimental to the institution’s interests.
The ruling, delivered by a division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi, overturned a September 4, 2025, single-bench order that had directed Ramkrishna Mission College in Narendrapur, West Bengal, to appoint Tamal Dasgupta as an assistant professor of English.
The bench observed that while individuals possess the fundamental right to practice and profess their religion, this right does not grant permission to offend the religious sentiments or faith of others. The court found that Dasgupta’s online posts had the potential to hurt the feelings of followers of other religions.
Institutional Autonomy and Legal Rights
The dispute arose after the college’s governing body rejected a recruitment recommendation for Dasgupta from the West Bengal College Service Commission, citing public statements and social media posts he made prior to the recommendation.
In its judgment, the division bench emphasized that under the West Bengal College Service Commission Act, 2012, colleges retain the statutory authority to refuse a recommended candidate, provided the decision is made in good faith, remains free of arbitrariness, and serves the best interest of the institution. The court added that while job applicants have a right to fair consideration during the hiring process, they do not hold an absolute right to be appointed.
The bench also rejected Dasgupta’s contention that the college’s refusal violated his constitutional rights to free speech and religious practice. The judges noted that the institution’s hiring decision neither stopped the candidate from expressing his personal opinions nor restricted him from practicing his faith. Because the college’s governing body acted reasonably to protect the school’s educational environment, the court ruled the decision was plausible and could not be classified as arbitrary.
Ideological Alignment and Professional Capability
During the proceedings, legal counsel representing the college—which is run by the Narendrapur branch of the Ramkrishna Mission, a religious and charitable non-governmental organization—argued that Dasgupta’s public posts expressed biased views against the religious order, its monks, and other faiths. The college administration maintained that these statements were entirely contrary to the core philosophy and ideals of the Ramkrishna Mission.
In defense, Dasgupta’s counsel argued that the social media posts were personal and completely unrelated to his professional qualifications. The representative pointed out that the college authorities had at no point questioned or cast doubt on Dasgupta’s teaching capabilities.
