New Delhi: The Supreme Court Wednesday declined to vacate its order, in which it asked the Tamil Nadu government to maintain existing conditions on appointment of 'archakas' or priests in temples governed by the 'Agamic' tradition.
Senior advocate Dushyant Dave, representing the Tamil Nadu government, submitted before a bench comprising Justices A S Bopanna and M M Sundresh that the appointment of 'archakas' is a secular function and the state is entitled to appoint them. However, the bench did not agree with Dave's contention.
The apex court observed that the argument is that the state is not following the procedures prescribed under ‘agama’ traditions in appointing ‘archakas’ in temples of a particular denomination. The bench also declined to stay the proceedings pending before the Madras High Court, and asked the counsel to inform the high court that it is seized of the matter.
After hearing the submissions, the apex court fixed the matter for further hearing on January 25 2024. On September 25, the apex court had ordered status quo regarding appointment of 'archakas' which as per the state government will halt the appointment of 2405 'archakas' by it in temples across the state. The state government moved a plea before the court seeking vacation of this order.
The apex court was hearing petitions alleging the state is interfering with the hereditary scheme of appointing ‘archakas’ in ‘Agama temples’ by allowing those from other denominations to become ‘archakas’. The state said they can become archakas after doing a one-year certificate course in schools run by the Tamil Nadu administration. The ‘agamas’ are a collection of tantric literature of Hindu schools and there are three branches of such texts: ‘Shaiva, Vaishnava and Shakta’.
The state government contended that since the agama does not prescribe qualification, age, mode of selection, retirement etc., the procedures prescribed under Rules 7 and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 ought to be followed to that extent. It submitted that the suitable persons among the persons studied and conversant with the agamas followed in the temple concerned shall be selected by following the procedures prescribed under Rules 7 and 9. The government order, which is challenged, pertains to sending persons who have passed out of ‘archakas training schools’ for practical training in temples under the guidance of senior ‘archakas’ who are working in those temples.
Previously, the apex court had issued notice to the state government and others on a plea filed by an association of archakas. The plea sought quashing of the July 27 order of the state government.
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