Archaka case: HC refuses to grantinterim stay on single-judge order
At this juncture, Advocate General (AG) R Shunmugasundaram informed the court that the same counsel has obtained a stay against the committee that was formed to list the Agamic temples
Madras High Court (File)
CHENNAI: The Madras High Court refused to grant an interim stay to the single-judge's order stating that the pedigree based on caste would have no role to play in the appointment of priests in Agamic temples.
When the appeal filed by one Muthu Subramania Gurukkal, challenging the order issued by the single-judge, came up for hearing before the first division bench comprising Chief Justice SV Gangapurwala and Justice PD Audikesavalu, senior counsel Valliappan who appeared for the appellant contended that those without one-year requisite certificate could not be appointed as Archaka of an Agamic temple.
When he argued that the impugned order issued to appoint Archaka was an agamic temple, Justice Audikesavalu intervened and asked how the counsel could make his claim as the committee constituted to list Agamic temples in the State has not submitted its report.
At this juncture, Advocate General (AG) R Shunmugasundaram informed the court that the same counsel has obtained a stay against the committee that was formed to list the Agamic temples. The AG added that 2,400 of the 3,100 Archaka posts were still vacant.
The counsel for the appellant contended that priests should be appointed only from the denomination or hereditary rights, and requested the bench to grant an interim stay on the single-judge’s order. However, the court refused to grant the interim stay and posted the matter to September 22.
Earlier, Muthu Subramania Gurukkal moved the court seeking to quash the notification calling for applications to fill the position of Archakas/Sthanikam at Sri Sugavaneswarar Swamy temple in Salem. Hearing the petition, Justice N Anand Venkatesh directed the executive officer of the temple to issue an advertisement in line with the observations made by the court.
The judge further observed that the pedigree based on caste would have no role to play in the appointment of Archaka if the person was well-versed, properly trained, and qualified to perform poojas as per Agama.