The Supreme Court on Wednesday did not vacate or modify its September 25 interim order issuing status quo in the Archakaship in temples governed by age-old Agamas in Tamil Nadu.
The status quo order was passed on the basis of a series of petitions alleging that the Tamil Nadu government was attempting to appoint “non-believers” as Archakas (priests), contrary to the Agamas (post-Vedic scripture conveying ritual knowledge).
“Let our status quo order continue. Heavens will not fall,” Justice M.M. Sundresh, on a Bench headed by Justice A.S. Bopanna, said listing the case for January 25, 2024.
Senior advocate Dushyant Dave, appearing for the Tamil Nadu government, urged the court to lift the stay order.
Mr. Dave said the status quo order would freeze the filling up of 2,405 vacant posts of Archakaship in the Agamic temples. Further, it would impact the required training contemplated for persons who had completed courses from the Archaka training school.
“This will cause great hardship in performing poojas in Agamic temples,” Mr. Dave stressed.
The State government had filed an urgent application for the vacation of the interim status quo order in petitions filed by several parties, including All India Adi Saiva Sivacharyargal Seva Association, represented by senior advocates Guru Krishnakumar, P. Valliappan and advocate G. Balaji, to quash State government directives in July and August to “train persons in the performance of poojas/ceremonies/rituals, contrary to the Agamas”.
Senior advocates C.S. Vaidyanathan and Vikas Singh, also for the petitioners arraigned against the State government, said the Tamil Nadu government by “appointing and transferring Archakas has virtually taken over the running of the Agama temples”.
‘Appointments a secular function’
Mr. Dave countered that appointments were a secular function entitled to the government. He said the appointments were made in accordance with the Agamas. The status quo order was beyond the scope of the reliefs sought in the petitions before the Supreme Court, he argued.
The State submitted that its intention was that “all Hindus irrespective of caste and creed, who are trained and qualified may be appointed as archakas under the control of the Hindu Religious and Charitable Endowments Department”.
The State said the training syllabus and period were based on the suggestions of a High Level Committee headed by former Madras High Court judge, Justice A.K. Rajan.
Interview committee for each temple
The application filed by the State clarified that for the selection of suitable candidates for appointment of archakas, an interview committee was constituted for each temple.
“The applicants are interviewed by the most experienced Sivachariyars/Bhattachariyars/ Agama experts/Archakas. The department will never compromise in the selection of qualified and experienced persons for doing poojas,” the State contended.
It reasoned that the Agama did not prescribe qualification, age, mode of selection, retirement, etc. To that extent, 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.
‘TN directives against SC judgments’
On the other hand, the petitions submitted that the State’s directives were against the Supreme Court’s own judgments which had upheld the rights of religious denominations. The top court had held that Agamas of the temples should be strictly followed for appointment of Archakas.
The petitioners have also urged the Supreme Court, in the interests of justice, to constitute a committee headed by a retired Supreme Court judge to undertake the exercise of identifying the Agamic temples in Tamil Nadu.
“Any violation of Agarnas is believed to defile the images of Gods and bring misfortune to the devotees. As per the Agamas, only the denominations of Sivachariyars/Gurukkals/Adi Saivars/Battars and Pancharatra and Vaikhanasa Battachariyars are entitled to perform the poojas in Saivite and Vaishnavite temples, respectively. This is in accordance with the specific Agamas governing the specific temples. This practice has been in vogue from time immemorial,” the petitioners have argued.
The petitions accused Tamil Nadu of trying repeatedly to “snatch” the rights of the denominations.
“Out of about 38,000 temples in the State of Tamil Nadu, merely about 3,600 in existence for over a 1,000 years, are governed strictly by the Agamas and traditions. In the rest of the 35,000 temples, the denominations do not have any right to perform poojas,” the petitioners have contended.
