Supreme Court Stays Allahabad HC Order, Restores Dr. Devi Prasad Dwivedi Traditional Role At Kashi Vishwanath Temple

The Bench of Justices J.K. Maheshwari and Atul S. Chandurkar issued notice in a Special Leave Petition filed by Dwivedi and directed that the Single Judge’s September 24, 2025 order would remain operational for now.

The effect of the interim order is that Dwivedi will continue to perform the temple’s night Shringar Aarti and impart ritual training to priests, as he has historically done.

Dwivedi, a distinguished scholar and recipient of the Padma Shri and Padma Bhushan, had approached the apex court challenging the Division Bench ruling dated April 13, 2026. The High Court had revived the writ petition and remanded the matter, effectively reopening a dispute that had been settled by the Single Judge after prolonged litigation spanning nearly 25 years.

Before the Supreme Court, Senior Advocate Atmaram Nadkarni, along with AoR Vivek Jain, appeared for Dwivedi. The petition raises a significant constitutional question on whether a traditional religious office can be treated as a regular employment subject to service rules such as retirement and superannuation.

The Single Judge had earlier ruled that Dwivedi’s position as Acharya was not a conventional employment but a religious and traditional role rooted in scriptural practice and temple customs. It held that applying service conditions like retirement age to such a position was legally untenable. The court had quashed both the 2000 termination order and a subsequent 2023 action by temple authorities, allowing Dwivedi to continue in his role, even without honorarium, to preserve the dignity and continuity of the tradition.

In contrast, the Division Bench had set aside this decision, observing that the earlier ruling was based on consensual submissions rather than a reasoned adjudication. It also held that there was no binding settlement between the parties, thereby reopening the matter.

Challenging this, Dwivedi’s plea argues that the Division Bench erred in disregarding the judicial record of proceedings before the Single Judge, including statements made by counsel and the mediation process overseen by the court. Relying on precedent, the petition contends that court records are conclusive as to what transpired and cannot be reinterpreted in appeal.

The plea further underscores the historical and religious character of the Acharya’s role. Dwivedi was appointed in 1994 based on recommendations of the Kashi Vidvat Parishad, recognising his expertise in Vedic rituals and Sanskrit scholarship. His responsibilities extended beyond performing rituals to training priests and preserving the temple’s ritualistic traditions.

The petition also highlights that Dwivedi’s predecessor served in a similar capacity until the age of 90, reinforcing the argument that the role is not governed by secular employment norms. It alleges that attempts to terminate his engagement by invoking statutory provisions applicable to employees were fundamentally flawed, especially when the authorities themselves had never treated him as an employee.

With the Single Judge’s order now revived, the immediate status quo has been restored.

Interestingly, in 2025, the Allahabad High Court had quashed the 25-year-old termination of Padma Bhushan and Padma Shri awardee and Sanskrit scholar Dr. Devi Prasad Dwivedi from his duties as Acharya at the Kashi Vishwanath Temple in Varanasi. The bench of Justice Saurabh Shyam Shamshery held that Dr. Dwivedi’s removal in July 2000, and the subsequent decision of the temple trust in 2023 to discontinue his services due to age, were both factually and legally flawed.

Court had observed that the post of Acharya, entrusted with performing the nightly Shringar-Bhog Aarti, is not that of a salaried temple employee but a traditional, spiritual responsibility. Dr. Dwivedi was appointed in 1994 with the approval of the then chairman of the Shri Kashi Vishwanath Temple Trust to conduct the midnight rituals after the demise of the earlier priest. Initially engaged for a year, his tenure was extended for three years, with the Trust recording appreciation for his devotion and expanding his role to include training other priests.