HC confirms rules to appoint archakas, asks to form panel

CHENNAI: The Madras High Court on Monday confirmed the Tamil Nadu government’s rules which were framed to appoint anybody who had completed the training to the post of the Archakas / Poojari in the temples across the State. However, the bench made it clear that a five-member expert committee should be framed to study the types of Agamas followed in the temples for the purpose of appointing the Archakas in consonance with the Agamas of certain temples which were built with the Agama Rules.

The first bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala passed the orders on disposing of a batch of writ petitions filed by All India Adi Saiva Sivacharyargal Seva Sangam, represented by its general secretary P Muthuraman and others.

The judges directed the Tamil Nadu government to constitute a five-member committee, of which the chairperson would be retired HC judge, Justice M Chockalingam, with N Gopalaswami, head of the Madras Sanskrit College's executive committee, as one of the members, being an eminent person possessing knowledge of the subject.

“Two members would be nominated by the government in consultation with the chairman of the Committee within a month. The HR and CE Commissioner would be the ex-officio member of the panel. It would identify the temples which were constructed as per Agamas. On identification of the temple constructed as per particular Agama, the appointment of Archaka would be governed accordingly and as per the judgment of the Apex Court, leaving those temples which have not been constructed as per the Agamas,” the CJ said in the order.

While most of the petitioners challenged the Rules 2 (c), 7 (b), and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020, only one petitioner challenged Rules 2 (g), 11 to 15, and 17.

The petitioners sought to quash all these Rules made as it was made as per the government order issued by the HR and CE department in September 2020.

The petitioners alleged that the appointments to the posts of Archakas and other Agama-related posts were against the Agama Rules as well as the order of the Supreme Court in the Seshammal and others Vs State of Tamil Nadu, and Adi Saiva Sivachariyargal Naia Sangam and others Vs Government of Tamil Nadu. They also held that the appointments cannot be made in the absence of Trustees of temples.

However, the judges ruled that they did not find any illegalities in the Rules passed by the government.

“We do not find that any of the said Rules offends either any of the constitutional provision or the original Act of 1959 and, therefore, no argument could be advanced to sustain the challenge. The challenge to the Rules is summarily rejected,'' Justice MN Bhandari held.

R Shunmugasundaram, Advocate General, argued that the Rules under challenge are applicable not only for the appointment to the post of Archaka/Poojari, but also in regard to other posts, and if those Rules are struck down, the appointment of the officers and employees would remain unguided. The AG also held that in the absence of the trustees, fit-persons have been appointed as per Section 49 of TN HR and CE Act, 1959 to discharge the duties of the trustees.

The judges had accepted the arguments of the AG holding that they did not accept the challenges to the Rules.