Plea In Madras High Court Challenges Appointment Of Priests By 'Fit Persons' Instead Of Temple Trustees

The Madras High Court on Wednesday observed that appointment of priests in temples managed by Fit Persons (interim administrators appointed by the Hindu Religious and Charitable Endowments Department) shall be subject to the result of a case which claimed that only trustees are entitled to make such appointments.

A Bench comprising of Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu passed the interim order while adjudicating upon a Public Interest Litigation (PIL) petition moved by T.R. Ramesh, president of Temple Worshippers Society, based in Chennai.

The petitioner had challenged the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 that had come into effect on September 4, 2020.

The principal grievance raised by the petitioner is that Rule 2(1)(c) which permits a Fit Person to act as an appointing authority and thus make appointments, 'goes against the grain of the parent statute' i.e. the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 under which only the trustees can make such appointments.

The petitioner further contended that the statutory rules allow sacrosanct agamas (religious text on temple rituals) by permitting appointments without insisting upon the need for the appointee to have learnt the agama sastra followed in a particular temple.

It was further argued that the Archaka (priest) must be trained only in the specific agama that was relevant to the particular temple, and it was not permissible to mix up even between the two Vaishnava Agamas or between any of the 26 Shaiva Agamas.

Observing that a prima facie case has been made out by the petitioner, the Bench issued notice to the State Government and called for a counter affidavit within four weeks. The petitioner was given two weeks thereafter to file his reply.

"Any appointments made in the meantime will abide by the result of the petition since it, prima facie, appears that the appointment by a Fit Person may not be the appropriate form under the Act of 1959," the Court observed.

Although the Court refused to stay the operation of the statutory rules under challenge, it cautioned,

"It would do well for the positions of trustees lying vacant or unfilled to be filled up in appropriate manner and in accordance with law so that such trustees can, in terms of the Act of 1959, choose the "Archakas". It is also made clear that though no interim order is granted as prayed for, there must be no breach in following the particular Agama which is relevant for the particular temple for which an appointment is made"

The Court directed the High Court Registry to tag the present case along with cases already pending in the court challenging the appointment of archakas from all castes, and list them together for hearing on December 15.

Case Title: T.R Ramesh v. State of Tamil Nadu 

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