Supreme Court Declines Tamil Nadu's Plea To Allow It To Appoint Archakas To Agamic Temples, Refuses To Vacate Status Quo

In August 2022, a division bench of the Madras High Court had read down the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 to hold that they would not apply to temples constructed as per agamas in relation to the qualifications and appointments of archakas/poojaris. As per the Rules, the qualification of a one-year certificate course has been prescribed for Archakas and even if an Archaka has been performing pooja for many years, he would not be eligible for appointment in the absence of the certification under the Rules. According to the High Court ruling, since Agamic Temples have their own customs and usages, only persons from those denominations who have traditionally performed pujas, may be appointed as archakas.

In September this year, the bench of Justice AS Bopanna and Justice MM Sundresh had ordered status quo to be maintained in the matter of appointment of Archakas in Agamic Temples.

The petitioners had informed the Court that despite the HC ruling, the state was proceeding to make appointments irrespective of denomination, claiming that they had the requisite training.

Today, Sr. Adv. Dushyant Dave, appearing for the state of Tamil Nadu, argued that the state is allowed to appoint Archakas in Agamic Temples, since it is a secular appointment.

"Your lordships may record my statement that the appointments will be made according to the agamas. But your lordships cannot pass an order saying appointments cannot be made. Today, your lordships are called upon to decide whether the G.O in question is valid or not. That G.O is not in relation to the question of appointment of archakas, it is in relation to training. Your lordship may stay that G.O and say that no training is required, but the right of the state to appoint cannot be interfered with.. The G.O has come today, we have been appointing for the last 50 years..” he said.

"So tell us, how are you going to appoint? what will be the qualifications when you appoint?" Justice Sundresh asked Dave.

"With great respect, your lordships are asking me what is beyond the scope of the writ petition. The prayer is to quash the G.O. This is purely secular appointment, the order pertains to the entire state of Tamil Nadu" Dave responded.

"For now we have ordered status quo, ultimately we will hear petition" Justice Bopanna added.

"I understand your lordships sentiments, I bow down to that" Dave said

"We have no sentiments on this, you ask the Senior Counsel behind you (Sr. Adv. Jaideep Gupta) what sentiments I personally have. I’m an agnostic person” Justice Sundresh responded smiling.

The matter has been posted for consideration on 25th January.

Background

In August 2022, the Madras High Court had exempted temples constructed as per agamas from the rules brought by the Tamil Nadu Government in 2020 in relation to the qualifications and appointments of archakas/poojaris.

A division bench of the High Court had read down Rules 7 and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 to hold that they will not apply to temples constructed as per agamas.

Rule 7 prescribed the qualification for archakas and other temple employees and Rule 9 dealt with the process for direct recruitment. As per these Rules, qualification of one year certificate course has been prescribed for Archaka and even if an Archaka has been performing pooja for past many years, he is not eligible for appointment in the absence of the certification under the Rules.

The High Court had said that reading down of the said Rules was necessary so as to exempt temples constructed as per agamas. Otherwise, it would offend the fundamental rights to practice religion and the rights of a religious denomination to manage its affairs guaranteed under Articles 25 and 26 of the Constitution. The Court however refrained from striking down the said Rules in their entirety, as they dealt with other appointments as well.

Plea Before The Apex Court

A connected plea before the Apex Court raised an issue with the observation of the High Court regarding transfer of temple employees from one Agamic Temple to another Agamic Temple. The petitioner contented that this finding needs to be modified since each temple is distinct and has its own customs, usages and practices.

The other issue raised in the plea was with respect to the role played by the appointing authority, in the absence of an elected trustee. The Petitioner in this regard contended that after the expiry of the tenure of the trustees, and when there is no elected trustee to take his place, there is a possibility of the executive officer/fit person taking on the role for an extended period without making the effort to make further appointments.

The Supreme Court had recently sought the response of the state of Tamil Nadu regarding both the issues.

Case Title: Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskainkaryaparargalin Nalasangam V. The State Of Tamil Nadu & Ors SLP(C ) No. 19553/2023, All India Adi Saiva Sivacharyargal Seva Association Vs. The State Of Tamil Nadu And Ors, W.P.(C) No. 985/2023 and connected cases.