Madras High Court Quashes Temple Archaka Appointments Made Contrary To Agama

The Madras High Court (Madurai Bench) recently set aside the appointment of three persons as the Archakas at the Arulmighu Subramaniya Swamy Thirukoil, Trichy, after noting that the appointments were not in terms of the Agama. The appointments were made by the Assistant Commissioner under the Hindu Religious and Charitable Endowment Department, who was the "Fit Person" for the temple.The Court noted that the temple was an agamic temple and was governed by Kamika Agama. Therefore, only Adi Saivars/Sivachariyars/Gurukkals who have gained knowledge in the Agamas alone are eligible and qualified to be appointed as Archakas for the said temple. However, the persons appointed do not belong to the denomination of Adi Saivars/Sivachariyars/Gurukkals. "Therefore they are ineligible to be appointed as Archakas in Arulmighu Subramaniya Swamy Thirukoil, Kumaravayalur, Srirangam Taluk, Trichy which is governed by Kamika Agama", the Court held.The Court also explained that the Agamic prescription is not a violation of Article 17 of the Constitution by pointing out that a Smartha Brahmin is not eligible to be appointed as an Archaka of the temple. The Agama is not unconstitutional as there is no disqualification on the sole ground that a person belonged to a Scheduled Caste.Holding that it was a question of upholding the fundamental rights of a religious denomination, the Court quashed the appointments and ordered that the petitioners - who questioned the appointments- be appointed as the Archakas. A bench of Justice GR Swaminathan noted that the petitioners have been working as Archakas in the said temple for several years for more than a decade, though not formally appointed by the trustee or the fit person."These are matters of tradition, custom and usage. The trustee/fit person of Arulmighu Subramaniya Swamy Thirukoil, Kumaravayalur, Srirangam Taluk, Trichy is directed to consider appointing the petitioners herein to the post of Archaka. The petitioners belong to the denomination in question. They have been discharging the duties of a temple priest for all these years. There is no justification in not considering their case. If there are other candidates hailing from the said denomination, then there can be selection among them. That is not the case here. A decision shall be taken by the trustee/fit person of the temple for appointing the petitioners as Archakas within a period of eight weeks from the date of receipt of copy of this order", the Court ordered.The department opposed the petition mainly by stating that it was a belated one and that the petitioners having participated in the selection process, were estopped from challenging the parameters and norms that governed the selection process. Rejecting these contentions, the Court noted that a division bench of the Madras High Court had in August 2022 had held that the authorities were obliged to follow the judgments of the Supreme Court in Seshammal v. State and Adi SaivaSivachariyargal Nala Sangam v. State of Tamil Nadu in the matter of appointment of Archakas. The court had also granted liberty to any person aggrieved by the appointment to challenge the same, if the appointment was made offending Agamas. Thus, when liberty was granted for challenging appointment, the court respondents could not argue on the ground of estoppel and laches. The court further noted that as per previous judgments, appointing Archakas from a specified denomination, sect, or group according to the Agama was proper. The Apex court had also noted that the appointment of Archakas from a particular denomination was protected under Article 16(5) of the Constitution if the same was required by the Agamas holding the field. The only point for consideration was that the Agamas should not be contrary to any constitutional mandate. Even the Madras high court, while considering the challenge to Rule 7 and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Services) Rules, 2020 had read down the rules and held that the Agamas will have to be followed. Case Title: K Karthick and another v. State of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 83Click here to read/download the judgment

Madras High Court Quashes Temple Archaka Appointments Made Contrary To Agama

Upasana Sajeev

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