The Supreme Court on Wednesday refused to vacate its September 25 order, which directed the Tamil Nadu government to maintain the existing conditions regarding the appointment of priests (‘archakas’) in temples following the ‘Agamic’ tradition in the state.
A bench comprising Justices A S Bopanna and M M Sundresh prima facie did not agree to submissions of senior advocate Dushyant Dave, appearing for the Tamil Nadu government, that the state was entitled to appoint ‘archakas’.
Mr. Dave argued that the appointment of ‘archakas’ is a secular function, and therefore, the state has the authority to make these appointments. The bench pointed out that the issue revolves around the state government not adhering to the procedures prescribed under the ‘agama’ tradition when appointing ‘archakas’ in temples of a specific denomination. The ‘agamas’ consist of tantric literature within Hindu schools, with three branches: ‘Shaiva, Vaishnava, and Shakta.’
The top court was hearing petitions which alleged that the state government was interfering with the hereditary appointment system of ‘archakas’ in ‘Agama temples’ by permitting individuals from other denominations to become ‘archakas’ after completing a one-year certificate course in ‘archakas’ offered by schools under the Tamil Nadu administration.
On September 25, the bench ordered a status quo, which, according to the state government, would halt the appointment of 2,405 ‘archakas’ in temples across the state. The Supreme Court has set the petitions for further hearing on January 25, 2024, and clarified that it will not stay the ongoing proceedings before the Madras High Court on a similar issue. The bench asked the lawyer to inform the high court that the Supreme Court is seized of the matter.
The state government, in its plea, has requested the vacation of the Supreme Court’s order. It argued that since the ‘agama’ tradition does not specify qualifications, age, selection methods, or retirement criteria, the procedures outlined in Rules 7 and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020, should be followed to a certain extent. The suitable individuals, familiar with the ‘agamas’ followed in the relevant temple, should be chosen following the procedures outlined in Rules 7 and 9.
The challenged government order concerns sending individuals who have completed ‘Archakas Training schools’ to receive practical training in temples under the guidance of senior ‘Archakas’ working in those temples. The state government argued that if the status quo order from September 25 is enforced, neither the 2,405 vacant ‘archakas’ positions in ‘Agamic temples’ can be filled, nor can the necessary training be provided to those who have completed courses at the Archakas Training School, causing significant difficulties in performing rituals in ‘Agamic temples.’
Previously, the bench had issued notices to the state government and others based on a plea filed by the ‘Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskain-karyaparargalin Nalasangam,’ an association of archakas. The plea sought the annulment of the state government’s July 27 order and subsequent orders, alleging interference with the hereditary appointment of ‘archakas.’