'Race, Religion, Caste & Language Human Constructs' : Supreme Court Says Caste No Bar For Appointment Of Non-Hereditary Temple Trustee
The Supreme Court recently reiterated the principle that the selection to positions of non-hereditary trustee of temples cannot be caste-based.
The bench of Justice MM Sundresh and Justice Aravind Kumar was hearing a challenge against the Kerala High Court order which set aside previous appointments of non-hereditary trustees in Devaswoms/Temples, which are controlled institutions under the Malabar Devaswom Board (MDB). The High Court also laid down directions for fresh appointments as per the Madras Hindu Religious and Charitable Institutions Act.
The High Court judgment was challenged by the previously appointed trustees in the present plea.
While refusing to interfere in the said decision of the High Court, the bench clarified that the direction laid down in the impugned judgment "will not have any bearing on the eligibility of the petitioner(s) for being considered for future appointments".
Upon dismissal, Sr Advocate PV Dinesh appearing for the present petitioners submitted that the selection process shouldn't be leaving out consideration of persons from backward classes.
To which, the Court observed that caste cannot be a bar against the selection of non-hereditary trustees. The order reads :
"We make it clear that God did not create the classification on the basis of race, religion, language or caste, and the same are human constructs"
"In the event of any selection of non-hereditary trustee, the caste of a person can never be a bar, and the principle governing the field in this regard will have to be strictly adhered to."
Background
The High Court was dealing with a writ petition filed by a devotee of Sree Vairamcode Bhagavathi Devaswom seeking to set aside the appointment of non-hereditary trustees by the Commissioner of the MDB and direction for fresh appointments following a fair and transparent manner.
Notably, the petitioner before the High Court contended that the said appointments were made in violation of the previous orders of the High Court which held that a person actively involved in politics, whether or not holding an official post, is not eligible to be appointed as a non-hereditary trustee in temples under the Malabar Devaswom Board.
However, in disregard to the High Court orders, the petitioner contended, the commissioner appointed two active politicians from the ruling party, one busy professional and one unrelated person as the non-hereditary trustees. The petitioner also sought the constitution of a selection committee for the appointment of non-hereditary trustees in the temples (Devaswoms), which are controlled institutions under the MDB.
Case Details : VINOD KUMAR M.P. & ORS. v. THE MALABAR DEVASWOM BOARD & ORS. | Special Leave to Appeal (C) No(s). 29188/2024