New Delhi: Appointment of 'Archakas' (temple priests) in Tamil Nadu as per the 'Agamas', treaties relating to its functioning, on Wednesday got the nod of Supreme Court which reiterated that any deviation from the age-old custom and usage would be an infringement of the freedom of religion.
The apex court, which relied on its 2006 verdict, said such appointment is not violative of the fundamental right to equality but the appointment of 'Archakas' should be in conformity with the Constitutional mandates and principles.
A bench of justices Ranjan Gogoi and N V Ramana said that the exclusion of some and inclusion of a particular segment or denomination for appointment as 'Archakas' would not violate Article 14 (right to equality) so long such inclusion/ exclusion is not based on the criteria of caste, birth or any other constitutionally unacceptable parameter.
'Agamas' are the treatises pertaining to matters like construction of temples, installation of idols and conduct of worship of the Deity.
The court's verdict came on a bunch of petitions filed by association of priests Adi Saiva Sivachariyargal Nala Sangam challenging the Tamil Nadu government's 2006 order allowing Hindus with requisite qualifications, irrespective of their caste, to become priests in temples in the state.
The bench said the state government's May 23, 2006 order that, any Hindu possessing the requisite qualification and training can be appointed as a Archaka in temples has the potential of falling foul of the dictum laid down in an earlier apex court judgement passed by a Constitution bench.
It referred to the earlier judgement, which said priest's appointment has to be as per Agamas governing the temple and any deviation from the age old custom and usage would be an infringement of the freedom of religion.
"Consequently and in the light of aforesaid discussion, we dispose of all the writ petitions in terms of our findings, observations and directions above reiterating that as held in appointments of Archakas will have to be made in accordance with Agamas, subject to their due identification as well as their conformity with the Constitutional mandates and principles," the bench said.
