'Agamas Will Govern' : Madras High Court Exempts Archakas In Temples Constructed As Per Agamas From TN Govt Rules 2020

In a significant judgment, the Madras High Court on Monday 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 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 said that reading down these Rules are 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.A division bench comprising Chief Justice Munishwar Nath Bhandari and Justice N Mala observed as under in this case All India Adi Saiva Sivacharyargal Seva Sangam v. State of Tamil Nadu and others:"We have threadbare analyzed the provisions aforesaid and find that Rules 7 and 9 of the Rules of 2020 cannot be held to be unconstitutional as such, because it is not only applicable to appointment of Archaka/Poojari, but even to other posts. If Rules 7 and 9 of the Rules of 2020 are struck down, it will create a situation where the appointment to other posts than of Archakas would remain unguided and, therefore, the government framed the Rules of 2020 to prescribe the eligibility and qualification of the officer/employee of the temple along with the mode. It is, however, necessary to apply the doctrine of reading down of those provisions in regard to the appointment of Archakas in the temple or group of temples, which were constructed as per Agamas. The appointment of Archakas in the temples constructed as per Agamas would be governed by the Agamas and for that the Rule under challenge would not apply. It would otherwise offend Articles 25 and 26 of the Constitution of India. It is more especially when Article 26 of the Constitution of India postulates that every religious denomination or any section shall have the right to establish and maintain institutions for religious and charitable purposes and manage its own affairs in the manner provided in the religion" (Para 33 of the judgment).In this regard, the division bench followed the Supreme Court's 2015 judgment in Adi Saiva Sivachariyargal Nala Sanga vs. Government of Tamil Nadu and Seshammal & Ors, Etc. Etc vs State Of Tamil Nadu(1972) which recognized the applicability of agamas in relation to the appointment of archakas.Archakas can be transferred only to temples governed by agamasIn relation to Rule 17, which dealt with the transfer of temple employees, the Court held :"For the sake of clarity, we would state that necessary protection given under Article 26 of the Constitution of India would be maintained and thereby the transfer of the Archakas would not be permissible unless it is a case of transfer of Archaka of the temple governed by a particular Agama to a temple governed by same Agama"(Para 44 of the judgment).Rules will however apply to temples which are not constructed as per agamasThe Court held that appointment of Archakas/Poojaris in temples must be as per Agamas. However this direction not applicable to temples which are not constructed as per agamas. The Court also constitutes an expert committee to identify temples constructed as per agamasThe Court observed as under: The challenge to Rule 2(c), 2(g), 7, 9, 11 to 15 and 17 of the Rules of 2020 is answered and, accordingly, the appointment of Archaka/Poojari would be governed by the Agama under which the temple or group of temples were constructed. It is, however, with a clarity that this judgment would not be applicable to those temples which are not constructed as per the Agamas. (Para 46) Committee to identify temples constructed as per agamasThe court also directed setting up of a Five-Member Committee, with retired Justice M.Chockalingam as the chairman and Mr.N.Gopalaswami, Head of the Madras Sanskrit College's Executive Committee as one of its members. Two members were to be nominated by the Government in consultation with the Chairperson of the Committee within a period of one month from the date of receipt of a copy. The Commissioner of the HR & CE Department would be the Ex-officio Member of the Committee.Petitioner's contentionThe petition was filed challenging Rules 2(c), 7(b) and 9 of the Tamil Nadu Hindu ...

'Agamas Will Govern' : Madras High Court Exempts Archakas In Temples Constructed As Per Agamas From TN Govt Rules 2020

Upasana Sajeev

The Court however ruled that the Rules will apply to temples which are not constructed as per agamas.

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