Supreme Court Issues Notice On Plea Challenging Condition That Only Malayali Brahmins Can Be Sabarimala Temple Chief Priest

The Supreme Court on Friday (August 9) issued notice on a petition challenging the Kerala High Court's judgment which upheld the condition that only Malayali Brahmins can be appointed as the Melshanthis (Chief Priests) of the Sabarimala-Malikappuram temples.

A bench comprising Justices Surya Kant and Ujjal Bhuyan issued notice to the State of Kerala(through the Devaswom Department), Devaswom Commissioner, the Travancore Devaswom Board on a petition filed by two non-Brahmin priests.

Dr.Mohan Gopal appeared for the petitioners.

The petitioners contended that they were otherwise well-qualified to be appointed as the Melshanthis. Therefore, they argued the condition in the notification issued by the Devaswom Commissioner - a State officer- that only Malayali Brahmins can apply to be appointed as the Chief Priests of Sabarimala and Malikappuram temples result in caste-based discrimination, violating the fundamental rights guaranteed under Articles 14, 15 and 16 of the Constitution.

The High Court bench comprising Justices Anil K Narendran and PG Ajithkumar held in the judgment that the right to enter into a temple for the purpose of worship is not absolute and unlimited in character.

Rejecting the petitioner's argument that the condition amounted to the practice of "untouchability", the High Court said :

"No member of Hindu public could claim as part of the rights protected under Article 25(2)(b) that a temple must be kept open for worship at all hours of the day and night or that they could perform the services which the archakas alone could perform. Therefore, we find absolutely no merit in the contention of the learned counsel for the petitioners that the conditions stipulated in the notification issued by the Devaswom Commissioner that the applicant for appointment as Melshanthis at Sabarimala Devaswom and Malikappuram Devaswom shall be a Malayali Brahmin would amount to untouchability abolished under Article 17 of the Constitution."

The High Court did not pronounce on the arguments raised by the petitioners on the interplay between fundamental rights and religious rights since proper pleadings were lacking in the petitions. Also, the Court noted that these issues are awaiting adjudication in the Sabarimala reference pending before the Supreme Court.

Case : Sujith TL v. State of Kerala and others | Diary No(s).25008/2024

Click here to read the order