The Supreme Court of India stated that classifications based on race, religion, language, or caste are human-made and not created by God, emphasizing that caste cannot be a barrier in appointing non-hereditary temple trustees. Dismissing a petition against a Kerala High Court judgment, the court upheld the principles of fairness and transparency in trustee selection, following detailed guidelines issued by the High Court to ensure unbiased and equitable appointments in temples under the Malabar Devaswom Board’s jurisdiction.
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NEW DELHI: The Supreme Court of India noted that classifications based on race, religion, language, or caste are human-made and not created by God.
This observation was made by a bench comprising Justices M M Sundresh and Aravind Kumar while explaining that during the selection of non-hereditary trustees, caste cannot be used as a barrier, and the guiding principles in this matter must be strictly followed.
The court dismissed a petition filed by Vinod Kumar M P and others, challenging a Kerala High Court judgment delivered on August 14, 2024.
“However, we make it clear that the order passed in the impugned judgment will not have any bearing on the eligibility of the petitioner(s) for being considered for future appointments,”
-the bench clarified.
The petitioners argued that individuals from backward classes were being unfairly excluded in the selection process.
The bench emphasized,
“We make it clear that God did not create the classification on the basis of race, religion, language or caste, and the same are human constructs. Therefore, in the event of any selection of non-hereditary trustee, the caste of a person can never be a bar, and the principle governing the field in this regard will have to be strictly adhered to.”
The case concerned the appointment of non-hereditary trustees in temples under the control of the Malabar Devaswom Board.
The Malabar Devaswom Board had previously explained to the High Court that due to the provisions of Section 39 of the Act, the appointment of non-hereditary trustees had to be carried out by the Commissioner.
With over a thousand temples under its jurisdiction and limited administrative resources, it was impractical for the Commissioner to be directly involved in the selection process for every institution.
To ensure a fair and transparent mechanism, the High Court had issued detailed guidelines under the provisions of the Madras Hindu Religious and Charitable Institutions Act until specific rules were formulated under this Act.
These guidelines included the following:
- Publication of Notifications: Notifications for the appointment of non-hereditary trustees in temples managed by the Malabar Devaswom Board must be published in widely circulated local newspapers. The notification must also be displayed on the temple’s notice board, the notice board of the concerned Local Self-Government Institution, and the Village Office.
- Public Access to Applicant Details: After receiving applications, the details of applicants must be displayed prominently on the temple notice board. This allows devotees to identify any disqualifications among the candidates and submit written objections to the Commissioner or the relevant Area Committee. Objections must include the name, address, and mobile number of the objector and will be appropriately examined by the Commissioner or Area Committee after obtaining individual reports from the concerned Divisional Inspector.
- Evaluation Committees for Area Committee Appointments: For temples where appointments are made by the Area Committee, an evaluation committee will consist of a nominated Area Committee member, the concerned Assistant Commissioner, and the hereditary trustee of the temple. If no hereditary trustee is present, the Tantri or Melsanthi will serve as a member. This committee will conduct a comparative assessment of applicants based on guidelines issued on May 18, 2004, and use this assessment to finalize the selection of trustees.
- Evaluation Committees for Commissioner Appointments: For temples where appointments are made by the Commissioner, the evaluation committee will include a nominated Area Committee member, the concerned Assistant Commissioner, and the hereditary trustee of the temple. In the absence of a hereditary trustee, the Tantri or Melsanthi will participate as a member. The committee will assess applicants based on the same May 18, 2004, guidelines, and the Commissioner will make the final selection based on these assessments.
Case Title:
Vinod Kumar M P Vs The Malabar Devasam Board & Ors.
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