CHENNAI: The Madras High Court on Monday upheld the Tamil Nadu government’s policy allowing appointment of people belonging to any caste as archakas, but added a clause that the rule will not be applicable in temples constructed as per Agamas.
A division bench headed by Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that the appointment of archakas in temples constructed as per Agamas must be governed by the Agamas, and the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 would not apply on them.
“It has been held that the archakas have to be appointed keeping in mind temple constructed as per the Agamas and therefore, there is a need for a direction to identify the temples constructed as per the Agamas and that too, with further bifurcation as to under which Agama it was constructed,” observed the bench.
The court further ordered that the five-member expert committee to be constituted for identification of temples constructed as per Agamas would be headed by retired Madras High Court judge M Chockalingam, with the head of the Madras Sanskrit College executive committee Gopalaswami as its member. They were appointed because of their knowledge on the subject, it added.
The remaining two members of the panel will be appointed by the State government in consultation with the chairperson while the commissioner of the HR&CE department would be an ex-officio member of the committee.
The court further highlighted that if the appointment of an archaka is not made as per the Agamas, the individual would be at liberty to challenge it. The appointment, however, may be made by the trustees or a fit person and not by the HR&CE department, as it would otherwise offend the provisions of the Act of 1959, the bench added.
The court gave the directions while disposing of a batch of PIL petitions seeking quashing of the Rules of 2020 brought out by the State government. The petitioners contended that the qualification given under the rules cannot apply for the post of archaka/poojari to be appointed in temples where the construction, installation of idols, and worship of deity were as per Agamas.
What are Agamas?
According to the petitioner, they are a collection of knowledge and spiritual literature of Hindus across India, referred to by various names such Tantras, Samhitas etc.