Case Title: Muthu Subramania Gurukkal … Petitioner
Versus
The Commissioner,Hindu Religious and CharitableEndowment Department and Anrs … Respondents
Date of Decision: Reserved on :21.6.2023
Delivered on :26.6.2023
Coram: The Honourable Mr.Justice N.ANAND VENKATESH
Citation: WPNo.3997 of 2018 & WMP.Nos.4916 and 4948 of 2018 & 12136 of 2022.
Introduction:
Caste will have no role to play in the appointment of priests in temples, ruled Madras High Court on Monday. The HC also allowed trustees to appoint any person well-versed and qualified to perform the ‘pooja’ as per the requirement of temple rituals. The court gave the order while hearing a plea by Muthu Subramania Gurukkal against an advertisement issued by the Hindu Religious and Charitable Endowment (HR&CE) department. The advertisement called for applications for the positions of Archakas/Sthanikam of Sri Sugavaneswarar Swamy Temple in Salem.
Facts:
The petitioner hails from the family of Sivachariyars and their family has been performing the poojas from time immemorial and the position of Sthanikam was occupied as a hereditary right. Accordingly, after his grandfather, the petitioner took over the position as Sthanikam and was performing the poojas. The customs and usages were the basis for occupying the
position as Sthanikam and every time when there is a change in the Sthanikam, a letter of intimation used to be give to the Authorities, who also granted approval subsequently.
The grievance of the petitioner is that respondents 2 and 3, all of a sudden, issued the impugned advertisement calling for applications for appointment to the position of Archakas/Sthanikam of the subject temple and that the impugned advertisement infringes
upon the hereditary right of the petitioner and others, who are rendering their services as per the customs and usage in the line of succession from time immemorial. Accordingly, the impugned advertisement has been put to challenge in the above writ petition.
Issues:
- Whether the appointment of a priest is by itself a secular function or a religious practice?
- Whether appointment of an archaka is governed by the usage and hereditary succession is a religious usage?
Legal Analysis:
The Madras High Court on Monday made it clear that caste has no role to play in the appointment of archakas (temple priests) to temples in Tamil Nadu. The only qualification for being appointed as an archaka is being well-versed in the Agama principles applicable to the concerned temple, and the person selected has the required knowledge and is properly trained and qualified to perform pujas.
“It is made abundantly clear that the pedigree based on caste will have no role to play in the appointment of Archaka if the person so selected otherwise satisfies the requirements,” Justice N. Anand Venkatesh ruled on Monday disposing a writ petition. The petition was filed by Muthu Subramania Gurukal in 2018 challenging a notification issued by the Executive Officer (EO) of Sri Sugavaneswarar Swamy Temple in Salem. He also said the notification infringes upon his hereditary rights to hold the position of ‘Sthanigam’, as he was serving in the temple as per customs and practices in line of succession. The petition also insisted that every priest appointment in temples have to be made according to the Agama principles followed by the temple.
Dismissing the petition challenging the powers of the EOs to appoint the archakas or priests, Justice Anand Venkatesh said, “It is always left open to the trustees to appoint Archakas/Sthanikam in Agamic temples by ensuring the Archakas/Sthanikam are well-versed, properly trained and qualified to perform the pujas as per the requirements under the agama.” The court also instructed the EO to issue a fresh advertisement for appointing the archakas/sthanigam and asked the petitioner to participate in the due selection process.
Citing a Supreme Court judgement which held “the appointment of a temple priest is a secular function and hence there is no question of claiming a hereditary right. The archaka is expected to be well-versed in gamines and necessary rituals,” Justice Anand Venkatesh observed. He added that any person belonging to any caste or creed can be appointed as an archaka provided he is well-versed in Agama principles.
The judgment comes two years after the DMK government appointed 24 trained non-brahmin priests to various temples governed by the Hindu Religious and Charitable Endowment (HR and CE) department in Tamil Nadu. The DMK government, within a month after it took over in May 2021, revived the priest training schools and went ahead appointing archakas belonging to all castes.
Judgement:
Justice N Anand Venkatesh said that the only requirement for one to be appointed as archagars (priests) of temples in Tamil Nadu should be that one is well versed in the Agamic (temple traditions) principles of the concerned temple and that one was adequately trained to perform temple rituals.
The High Court made the observation while disposing of a writ petition filed in 2018. The plea challenged a notification issued by the Executive Officer (EO) of the Sri Sugavaneswarar Swamy Temple in Salem district of Tamil Nadu, calling for applications to fill up the post of Archagar or Sthanigar (temple priests).
The petitioner had insisted that priests should inherit the position. He had told the Court that the notification infringed upon his hereditary rights to hold the position of a priest as he had been serving in the temple as per customs and usages in the line of succession for years.
The writ petition is disposed of with a direction to the third respondent to issue an advertisement in line with the observations made supra and the Archakas/Sthanikam shall be appointed for Sri Sugavaneswarar Swamy Temple, Salem. The petitioner shall be permitted to perform the poojas till the appointment of the Archakas/Sthanikam. It is also left open to the petitioner to participate in the selection.
Conclusion:
Caste will have no role to play in the appointment of priests in temples, ruled Madras High Court on Monday. The HC also allowed trustees to appoint any person well-versed and qualified to perform the ‘pooja’ as per the requirement of temple rituals. The High Court allowed the petitioner to participate in the selection process but said that persons belonging to any caste can become temple priests.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR
