Archakas can be of any caste in non-agama temples: Madras high court

CHENNAI: About 15 years after M Karunanidhi's DMK government in Tamil Nadu issued an order smashing the caste barrier in the appointment of archakas (priests) to top temples, the Madras high court on Monday upheld its legality but said the agama (guidelines on rituals) of each temple should be the deciding factor.
The government could appoint people of any caste as archakas in temples established not as per agamas. However, in agama-based temples, archakas could be appointed only as per the agama of the temple concerned, said the bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala.
"We have threadbare analysed the provisions of the rules and find rules 7 and 9 cannot be held to be unconstitutional as such, because it is not only applicable to appointment of archakas but even to other posts," said the bench.
The bench also constituted a committee headed by a retired judge of the court, Justice M Chockalingam, to identify temples that follow agamas and prepare a list.
The committee will include N Gopalaswami, head of the Madras Sanskrit College's executive committee and an eminent person possessing knowledge of the subject, besides two members to be nominated by the state in consultation with the chairperson within one month. The commissioner of HR&CE department would be the ex-officio member.
"If the rules are struck down, it will create a situation where the appointment to posts other than that of archakas would remain unguided," the judges said. "It is, however, necessary to apply the doctrine of reading down those provisions in regard to the appointment of archakas in temples which were constructed as per agamas."
It would otherwise offend Articles 25 and 26 of the Constitution, which postulate 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, the court said.
The bench said, "The temple or group of temples which were constructed as per the agamas would be governed by the custom and practice not only in respect of the worship of the deity, but in all respects, which includes even the appointment of archakas."
The appointment of archakas in the temple or group of temples constructed under the respective agama shall, accordingly, be governed by the agamas and not by Rules 7 and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020, the court added. The court passed the order while disposing of a batch of pleas challenging the rules that paved the way for appointment of persons from any caste as archakas of temples.
In August last year, the government appointed 24 archakas, five of whom belonged to the SC, six were from MBC, 12 from BC, and one from a non-Brahmin forward caste.