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Synopsis

The Madras High Court has issued an order restraining the state government from organizing practical training sessions, led by a Chief Priest, for individuals who have completed courses at Archakar Training Schools affiliated with temples under the Hindu Religious and Charitable Endowment Department.

The bench of Justice S Srimathy at Madurai Bench of the high court emphasized that temples are sacred spaces meant for worship and should not be treated as training centers or laboratories.

"The temples are Abodes of the deities and devotees visits temples to worship the deities. Hence temples cannot be treated as training centres or laboratories", said the single judge bench.

The court highlighted that even the Private Agama Training Centres like that of the Pillayarpatti, Thiruparankundram, do not conduct training inside the temple premises.

The observations were made in a plea seeking direction to quash a Government Order from the Tourism, Culture, and Religious Endowment Department dated July 27, 2023. The plea was filed by Sri Subramaniyaswami and R.Hariharasubramanian,  respectively the President and the Joint Secretary of the Thirukovil Sudhanthira Paribalana Sthalatharkal Sabha.

According to the impugned order, candidates who completed certificate courses from Archakar Training Schools were to undergo one-year practical training under senior Archakas/Gurukals to acquire practical knowledge in Agamas, with a stipend of Rs. 8,000 during the training period.

The main contention of the Sabha was that they were affected by the decision of the Hindu Religious and Charitable Endowments Department since it was paving the way for the appointment of Archakar without prescribing the nature and syllabus of Agama followed in various temples and the tenure of the course. The petitioners argued that the order did not specify the Agamas and rituals of the temples, as mandated by previous high court orders.

The Sabha contended that proper training in Agamas, Vedas, Upanishads, and related rituals required a substantial period, and the state could not overlook essential qualifications under the guise of basic knowledge acquisition.

Despite the state's argument that the petition was not maintainable as under Article 226, in a service matter only the individual employees of an association can challenge and not the association, the court rejected it, stating that the Sabha did not represent government employees and was only challenging the eligibility of individuals for Agama temple training.

Court observed that the Government Order disrupted the established practices in Agamic temples. It pointed out that providing stipends to trainees from temple funds was indirectly issuing appointment orders outside the Agama framework.

Court further held that the Government Order contradicted the court's directions that Archaka appointments in Agamic temples should adhere to Agama principles.

"The government had passed G.O. for training in ‘training centres’ and after training appointment would be given in the temple based on the which Agama the candidate had trained. But now an intermediate training is being introduced which is clearly interfering in the regular practice followed in the Agamic temple," court noted. 

It stressed that it has been repeatedly held in more than one judgment that the Rule 7 and 9 of Rules, 2020 is not applicable to the Agama temples and any appointments to Agama temples should be based on the Tamil Nadu Hindu Religious Institution (Officers and Servants) Service Rules 1964.

However, while noting that the same impugned order and the subsequent proceedings is put to challenge before the top court and there is an order of interim stay, the high court instructed authorities to abide by the top court's orders and restrained them from conducting any training until further directions were received.

Case Title: Sri Subramaniyaswami, Thirukovil Sundhanthirai Paribalana Sthalatharkal Sabha v. The Commissioner, HR&CE