Calcutta High Court Upholds College Decision to Deny Appointment Over Social Media Posts

The Calcutta High Court has set aside a single-judge order directing a West Bengal college to appoint Tamal Dasgupta as Assistant Professor of English , citing concerns over his social media posts on religion .

A division bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that while every person has the fundamental right to profess and practice religion , this right cannot be interpreted to include hurting the religious sentiments of others .

The court observed that Dasgupta had made strong public remarks on religions and the Ramkrishna Mission , which runs the Narendrapur-based college. These posts, it said, raised concerns regarding his suitability for the institution’s environment and values .

Setting aside the earlier order that had favoured his appointment, the bench ruled that the college’s decision was neither arbitrary nor implausible , but based on a bona fide assessment in the interest of the institution.

The court also clarified that a candidate recommended by the West Bengal College Service Commission does not have an absolute right to appointment , but only a right to fair consideration . It further noted that educational institutions retain the authority to decline appointments even after recommendations , provided the decision is free from arbitrariness and made in good faith.

Dasgupta had argued that his posts were personal in nature and unrelated to his teaching ability , and that denying him appointment violated his freedom of speech and religion . However, the court rejected this contention, stating that the college had neither restricted his expression nor his religious practice , but had assessed his suitability for the role.

With this ruling, the High Court upheld the college’s decision to refuse the appointment , while overturning the earlier single-bench judgment in his favour.