Senior advocate Dushyant Dave appearing for the TN government said that the status quo order was beyond the prayers made by the petitioners.
Published Nov 08, 2023 | 5:52 PM ⚊ Updated Nov 08, 2023 | 5:52 PM
The Supreme Court of India. (iStock)
The Supreme Court on Wednesday, 8 November, refused to vacate its status quo order putting on hold the appointment of archakas (priests) in the Agamic temples under the Tamil Nadu Hindu Religious Institutions Employees (Condition of Service) Rules 2022.
As the Tamil Nadu government sought the vacation of the status quo order to pave the way for the appointment of archakas in the Agamic temples, a bench of Justices AS Bopanna and MM Sundresh refused to vacate the status quo order passed on 25 September.
Senior advocate Dushyant Dave, appearing for the Tamil Nadu government, said that the status quo order was beyond the prayers made by the petitioners.
Senior advocate CS Vaidyanathan, appearing for one of the petitioners, told the bench that there were 48,000 temples in Tamil Nadu and 10 percent of them were Agamic temples which follow certain traditions and procedures for the appointment of archakas.
He later said that the state government was interested in Agamic temples only since they had a larger footfall and consequently greater revenue generation, whereas large segments of other temples were hardly self-sustaining.
Senior advocate Guru Krishna Kumar, also appearing for one of the petitioners, told the bench that the Agamic temples followed certain traditions and procedures for the appointment of archakas and the same could not be interfered with by the state.
The petitioners approached the top court against the 22 August, 2022, Madras High Court order which had read down the the Tamil Nadu Hindu Religious Institutions Employees (Condition of Service) Rules 2022, to the extent that they would not apply to temples constructed as per the Agamas in relation to the qualifications and appointments of archakas (priests).
The high court had held that Rules 7 and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules of 2020, which prescribe eligibility, qualification and age for appointment of temple priests, would not apply to temples that had been constructed and governed as per specific Agama Sastras — treatise on temple rituals.
The top court has been moved by Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskainkaryaparargalin Nalasangam, The South Indian Vaikanasa Archakas Association Madras, All India Adi Saiva Sivacharyargal Seva Association and the All India Adusaiva Sivacharyargal Seva Sangam, against the Madras High Court order.
