Anushka Sharma-
Published On: November 16, 2021 at 16:56 IST
The Madras High Court on Monday prohibited the Hindu Religious and Charitable Endowments (HR&CE) Department from building any additional arts and science Colleges, other than the four that were originally slated to be established with Temple funding unless the Court granted express permission.
Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu also ordered that further functioning of even the four Colleges at Kolathur in Chennai, Paramathi Velur in Namakkal district, Thoppampatti in Dindigul district, and Vilathikulam in Thoothukudi district would be subject to the result of a Case filed in Court.
The Judges pointed out that the HR&CE Act only allows for the voluntary transfer of surplus funds from revenue-rich temples to a “Common good fund,” saying, “With respect, the ‘Voluntary’ aspect of the transfer of funds is robbed if the transfer is at the behest of a fit person appointed by the HR&CE Commissioner or the government.”
The Court also highlighted that the four institutions that are about to start only offered B.B.A., B.Com., and other comparable degrees, with no regular course in Hindu Religious education.
“It will be a condition precedent to the four colleges that a stream of religious instructions in Hindu religion be introduced. If such a course is not introduced within a month of the college starting, the further functioning of the college cannot continue,” it said.
It was observed that however pious the intention to use perceived surplus Temple funds for the purpose of education may be, it must be understood that these funds are derived from Devotees offerings for a specific cause, and that, in most cases, the cause must not be forgotten and a portion of the Funds must be devoted to it, even if the larger sphere of education is also addressed.
The judges Adjourned the case to December 20 for further hearing after ordering the HR&CE Department to file its response to the PIL in three weeks and allowing the Petitioner a week to write his Rejoinder.
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