The Supreme Court has declined the Tamil Nadu government’s plea to permit the appointment of archakas (priests) to Agamic temples, maintaining the status quo as previously ordered. This decision comes in the wake of a Madras High Court judgment from August 2022, which exempted Agamic temples from the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020, regarding the qualifications and appointments of archakas.
Senior Advocate Dushyant Dave, representing Tamil Nadu, argued for the state’s right to appoint archakas, asserting that these are secular appointments.
“Your lordships may record my statement that the appointments will be made according to the agamas. But your lordships cannot pass an order saying appointments cannot be made… The right of the state to appoint cannot be interfered with,”
Dave stated.
Justice MM Sundresh questioned the qualifications for appointments, to which Dave responded that the scope of the writ petition did not cover this aspect.
“This is purely secular appointment, the order pertains to the entire state of Tamil Nadu,”
Dave added.
Justice AS Bopanna clarified the court’s position, stating,
“For now we have ordered status quo, ultimately we will hear petition.”
Justice Sundresh, addressing Dave’s acknowledgment of the court’s sentiments, said,
“We have no sentiments on this… I’m an agnostic person,”
indicating a neutral stance on the religious aspects of the case.
The High Court had previously read down Rules 7 and 9 of the 2020 Rules, which prescribed a one-year certificate course qualification for archakas, to exempt Agamic temples, citing the fundamental rights to practice religion and manage religious affairs under Articles 25 and 26 of the Constitution.
The Supreme Court is also considering connected pleas, including issues regarding the transfer of temple employees between Agamic temples and the role of the appointing authority in the absence of an elected trustee. The state of Tamil Nadu has been asked to respond to these issues.
The case, titled “Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskainkaryaparargalin Nalasangam V. The State Of Tamil Nadu & Ors SLP(C ) No. 19553/2023, All India Adi Saiva Sivacharyargal Seva Association Vs. The State Of Tamil Nadu And Ors, W.P.(C) No. 985/2023 and connected cases,” is set for further consideration on January 25th. This ongoing legal discourse will determine the balance between state authority and traditional religious practices in the appointment of temple priests.