The Supreme Court refused to vacate its order by which it had asked TN to maintain existing conditions on the appointment of archakas.
Bakthavathsalar and Tirupurasundhari shrine, Tirukalukundram foothills, Tamil Nadu. It has a unique Chola-era inscription (Harrish Kumar S B)
With the Supreme Court declining to vacate its order in the matter of the appointment of archakas in Tamil Nadu, the ruling DMK said the struggle to ensure social justice would continue.
Coordinator of the Tamil Nadu Government Trained Archakas’ Association, V Ranganathan, said “denying” non-Brahmins the right to perform pujas in Agama temples in the name of Agamic tradition is injustice and perpetuation of “Manusmriti”.
The only solution will be to enact a special law to pave the way for appointing persons from all castes, following training, as priests in temples, he added.
The Supreme Court on Wednesday, 8 November, refused to vacate its 25 September order by which it had asked the Tamil Nadu government to maintain existing conditions on the appointment of archakas or priests in temples governed by the Agamic tradition in the state.
A bench of the apex court had ordered the status quo (existing conditions) regarding the appointment of archakas which as per the state government will halt the appointment of 2,405 archakas by it in temples across Tamil Nadu.
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.
(With PTI inputs)
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