The Madras High Court recently dismissed the appointment of three persons as Archakas at the Arulmighu Subramaniya Swamy Thirukoil in Trichy, citing that the appointments were not in accordance with the Agama.
The Assistant Commissioner, who served as the Hindu Religious and Charitable Endowment Department’s “Fit Person” for the temple, made the appointments.
A bench of Justice GR Swaminathan noted that the temple was an agamic temple administered by Kamika Agama. As a result, only Adi Saivars/Sivachariyars/Gurukkals who have obtained knowledge solely through the Agamas are eligible and qualified to be appointed as Archakas for the aforementioned temple.
The single bench also emphasised that the Agamic prescription does not violate Article 17 of the Constitution by pointing out that a Smartha Brahmin cannot be nominated as an Archaka of the temple.
The Agama is not unconstitutional because there is no disqualification based solely on membership in a Scheduled Caste.
The bench annulled the appointments, ruling that it was a matter of safeguarding the fundamental rights of a religious denomination, and ordered that the petitioners who questioned the appointments be appointed as Archakas.
It further observed that the petitioners (K Karthick and another) had been serving as Archakas at the aforementioned temple for more than a decade, despite not being formally appointed by the trustee or a suitable person.
“These are matters of tradition, custom and usage. The trustee/fit person of Arulmighu Subramaniya Swamy Thirukoil, Kumaravayalur, Srirangam Taluk, Trichy is directed to consider appointing the petitioners herein to the post of Archaka. The petitioners belong to the denomination in question. They have been discharging the duties of a temple priest for all these years. There is no justification in not considering their case. If there are other candidates hailing from the said denomination, then there can be selection among them. That is not the case here. A decision shall be taken by the trustee/fit person of the temple for appointing the petitioners as Archakas within a period of eight weeks from the date of receipt of copy of this order”, the order stated.
