CHENNAI: The Madras High Court on Friday directed the Tamil Nadu government to constitute a committee headed by a retired judge to identify temples, under the control of the Hindu Religious and Charitable Endowments (HR&CE) department, that follow Agamic practices.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice N Malai gave the direction while hearing a batch of petitions filed by Swami Rambadracharya of Tulsi Peeth in Madhya Pradesh and eight others challenging the Rules 2020 for appointment of archakas in Tamil Nadu.
The bench said the retired judge must be a person well acquainted with the Agamic practices and temple affairs and the committee shall be constituted within a month.
The list of temples following Agamic practices shall be published and it shall serve as a guide to appoint archakas to temples as per the relevant Agama practiced in that particular temple, the bench said, stressing that only archakas well acquainted with the particular Agama should be appointed to the respective temples.
Advocate General R Shunmugasundaram questioned the locus standi of the petitioners since none of them were from TN and sought dismissal of the petitions.
'Work is already on to identify temples with Agamic customs'
The AG informed the court that steps have already been taken to identify the temples that follow Agamic practices and the Supreme Court’s orders on appointment of archakas are being followed.
The petitioners challenged the Rules 2020 framed by Tamil Nadu Tourism, Culture and Religious Endowments department by issuing a GO based on the recommendations of a committee headed by retired judge Justice AK Rajan.
They said the eligibility criteria for archakas framed in the rules is violative of Agamas, Article 25 and 26 of the Constitution and the orders of the Supreme Court in Seshammal Vs State of Tamil Nadu, Adi Saiva Sivacharyargal Nala Sangam Vs State of Tamil Nadu, Commissioner of Hindu Religious Endowments Vs Sri Lashmindra Thirtha Swamiar of Sri Shirur Mutt, The Places of Worship (Special Provisions) Act, 1991, and section 28 of Tamil Nadu HR&CE Act, 1959.
While Supreme Court has clearly ruled that the Agamic principle that archakas must adhere to based on specific denomination, sect or group in accordance with the directions of the Agamas governing those temples is sacrosanct and is a core requirement, it is not even considered as a parameter at all in Rules 2020, they contended.
The petitioners prayed for declaring the Rules 2020 null and void and granting interim injunction on appointment of archakas.
Agamas are collection of literature: Petitioners
Agamas are a collection of knowledge and spiritual literature of Hindus across India and are referred to by various names such Tantras, Samhitas, etc, the petitioners said