No Essential Religious Practice That Temple Priest Must Be From Particular Caste Or Lineage : Kerala High Court Approves 'Thanthra Vidyalayas'

The Kerala High Court on Wednesday (October 22) dismissed a writ petition filed by Akhila Kerala Thanthri Samajam (AKTS) challenging the accreditation and recognition granted to certain institutions described as 'Thanthra Vidyalayas' by the Travancore Devaswom Board (TDB) and the Kerala Devaswom Recruitment Board (KDRB).The petitioners also challenged the notifications issued by KDRB prescribing a certificate from the Tantra Vidya Peetoms recognised by it as one of the qualifications to be appointed as part-time shantis(priests) in various temples.While dismissing the petitions, the Court held that there was no essential religious practice that a temple priest must be from a particular caste or lineage.The Division Bench comprising Justice Raja Vijayaraghavan and Justice K.V. Jayakumar refused to accept the petitioners' argument that appointment of shanthis(temple priests) ought to be in accordance with traditional practice and cannot be diluted by subordinate legislation.It observed:“The materials placed before us further reveal that the TDB and KDRB have established a rigorous institutional mechanism prior to granting accreditation," the Court said noting that the syllabus prepared by the KDRB encompasses Vedic texts, rituals, religious observances, and modes of worship, and these are imparted by qualified scholars and Thanthris and the courses available extend for a period from one year to five years. Students who successfully complete the course are also subjected to initiation ceremonies, signifying their preparedness to undertake temple duties. The Court also noted that even among such qualified candidates, the final selection is made strictly on merit by a duly constituted Committee which, apart from learned scholars, includes a reputed Thanthri. The competence, merit, and eligibility of each candidate to perform religious rites and observances are thus tested once again before appointment.In this backdrop, the Court rejected the argument of the petitioners that only persons trained under traditional priests should be appointed as shanthis."In such circumstances, to insist that a person must belong to a particular caste or lineage to be eligible for appointment cannot, in our considered view, be construed as an insistence upon an essential religious practice, rite, or mode of worship. No factual or legal foundation has been established to justify such a claim in the present case. The contention that individuals unconnected with spiritual functions are being considered for such posts and that this infringes the fundamental rights of the petitioners guaranteed under Articles 25 and 26 of the Constitution of India is untenable.”Arguments of the petitionersThe petitioners stated that AKTS was a registered society comprising around 300 traditional Thanthri families in Kerala with the objective of fostering cordial relations among thanthris and promoting their welfare. It has also given training to younger generation of priests under the guidance of eminent teachers and collaborated with the Devaswom Boards to give course to priests.They contended that there is a long-standing practice of certification by a thanthri for a person to be qualified for appointment as a priest. They challenged the notification issued by the KDRB calling for applications to the post of part-time shanthi under TDB as illegal because of certain minimum qualifications prescribed in it.Further, it was submitted that many students trained by the members of the Society were not allowed to participate in the selection process since the qualifications included a SSLC pass, certificate from Thanthra Vidya Peedam and the accredited institutions by the TDB/KDRB. Thus, the Travancore Devaswom Board Officers' and Servants' Service Rules, 2022 were challenged since it replaced the traditional process for selection of priests.They contended that the Rules were framed without adequate consultation with stakeholders, including the traditional thanthri community resulting in a situation where many persons are unjustly excluded from being appointed as priests merely because they are not affiliated with the new institutions issuing certificates. The petitioners argued that the KDRB did not have the expertise to evaluate or approve institutions imparting Thanthric education and such actions would undermine the traditional rigour of the education. They also stated that KDRB's powers under the Act is limited to the conduct of recruitment and recognition of institutions or curtailment of eligibility is an act of legislative overreach and violates fundamental rights under Articles 26 and 26 of the Constitution. Respondents' submissionsThe 1st respondent State urged that the hereditary certification of shanthis undermines the democratic aspect of the basic structure of the Constitution as it restricts priesthood to only a few. It was also contended that the qualifications for the part-time priests were decided based on the Special Rules of the TDB.TDB...

No Essential Religious Practice That Temple Priest Must Be From Particular Caste Or Lineage : Kerala High Court Approves 'Thanthra Vidyalayas'

K. Salma Jennath

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