Debangana Ray
Published on August 23, 2022 at 21:56 IST
The Madras High Court held that the appointment of Archakas in Temples by the Agamas should be dealt with by the Agamas themselves and not by the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020.
The bench of Chief Justice Munishwar Nath and Justice N Mala was hearing a plea against a direction against the State and the Hindu Religious and Charitable Department from Agama related temples.
In the judgement of All India Adi Saiva Sivacharyargal Seva Sangam v. State of Tamil Nadu and ors, the court stated that Rules 7 and 9 cannot be struck down.
“It is, however, necessary to apply the doctrine of reading down those provisions in regard to the appointment of Archakas in the temple or group of temples, which were constructed as per Agamas.”
“The appointment of Archakas in temples built in accordance with the Agamas would be governed by the Agamas, and the rule under challenge would not apply. It would otherwise offend Articles 25 and 26 of the Constitution of India.” the court stated.
Archakas can be transferred only to temples governed by agamas. Further, the rules, however, will apply to temples not constructed by Agamas.