The Supreme Court has directed the Tamil Nadu government to maintain the status quo regarding the transfer of Archakas (temple priests) in Agama temples within the state.
A bench of Justices AS Bopanna and MM Sundresh has ordered that this status quo be upheld until further orders and has adjourned the matter for three weeks.
The Apex Court had previously sought the response of the Tamil Nadu government on August 25 regarding this issue. The case was brought to the court’s attention by a temple trust, which also raised concerns about the terms governing the appointment of ‘fit persons’ or executive officers to manage these temples in the absence of elected trustees. These guidelines were established in an August 2021 ruling by the Madras High Court.
The High Court had ruled that the appointment of Archakas in Agama temples should be governed by the Agamas themselves rather than the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020. The High Court also stated that Archakas should only be transferred from one temple to another if both temples follow the same Agama traditions.
Regarding the appointment of ‘fit persons’ or executive officers, the High Court held that such appointments should only occur under specific circumstances. While the right to appoint Archakas lies with the trustees, in the absence of trustees or for reasons outlined in Section 49 of the 1959 Act, a ‘fit person’ can be appointed to fulfill the duties of trusteeship.
The temple trust has challenged this High Court order in the Supreme Court, arguing that the terms of Archakas’ transfers need to be adjusted due to the unique customs and practices of each temple. Additionally, there is concern that if executive officers or fit persons are appointed, they may occupy these positions for extended periods without taking steps to appoint trustees.
