On 25 September 2023, the Supreme Court issued a notice in a Special Leave Petition challenging a Madras High Court judgment and ordered a status quo on the appointment of Archakas/Poojari in Tamil Nadu temples governed by Agamas. The petitioner association argues that the Madras High Court’s judgment on 22 August 2022, erroneously decided on the transfer of Archakas from one Agamic Temple to another Agamic Temple, stating that such appointments should be governed by the Agamas and not by Rules 7 and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020.
The plea also challenges two government orders: one dated July 27, 2023, which directed Archakas from different denominations to undergo one year of training under Senior Archakas, and another dated August 28, 2023, which mandated training in the performance of Poojas and Rituals in Agamic Temples. On September 9, 2023, the State issued an Advertisement to fill Archakas’ positions in Agamic Temples.
A bench comprising Justice A.S. Bopanna and Justice M.M. Sundresh issued a notice in the matter and ordered that ‘the status quo relating to the Archakaship in the Agamic Temples in question shall be continued until further orders are made herein.’
The petitioners, represented by Senior Advocates Guru Krishna Kumar and P. Valliappan, argued that the Rules of 2020 were framed without considering the rituals and customs specified in the Agamas. They emphasized that the qualifications under the Rules of 2020 cannot apply to the appointment of Archaka/Poojari in temples where construction, idol installation, and deity worship follow the Agamas. The petitioners raised several key points:
- Ancient Saivite and Vaishnavite Temples in Tamil Nadu are governed by the Agamas.
- The Agamas mandate that only individuals from specific Sects/Denominations can be appointed as Archakas to perform prescribed Poojas/Rituals/Ceremonies.
- The performance of Poojas in Tamil Nadu’s ancient Temples differs from the rest of India, with strict adherence to Agamic practices.
- Only around 3,600 out of approximately 38,000 Temples in Tamil Nadu strictly follow the Agamas, while the rest do not allow denominations other than their own to perform Poojas.
- The requirement of a one-year certificate course for Archaka/Poojari is seen as an infringement on the rights of the Sivachariyars.
- The provision allowing the appointment of Archaka/Poojari by a ‘Fit Person’ is contested, as the petitioners argue that appointments should be made by trustees.
Previously, the Madras High Court had directed the State Government to constitute a Five-Member Committee, including Justice M. Chockalingam (Retired Judge of the Madras High Court) and N. Gopalaswami (Head of the Madras Sanskrit College’s Executive Committee), to identify temples constructed according to the Agamas. The High Court also noted that if any Archaka appointment violates the Agamas, the aggrieved individual can challenge it in the High Court. However, the Court clarified that the appointment of Archakas should be made by trustees or a fit person, not by the HR & CE Department.
The judgment further stated that Archakas could only be transferred from one temple governed by a specific Agama to another temple governed by the same Agama.
The High Court dealt with a batch of writ petitions challenging the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 introduced by the state government. The High Court found that the definition of ‘appointing authority’ in these rules did not violate constitutional provisions or the Act of 1959, recognizing that in the absence of trustees, a fit person may be appointed to oversee temple affairs.”
(With inputs from Verdictum)
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