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Synopsis

The Supreme Court recently observed that God did not create the classification based on race, religion, language or caste, as these are merely human constructs.

The bench of Justices M M Sundresh and Aravind Kumar made the observations while explaining that in the event of any selection of nonhereditary trustee, the caste of a person can never be a bar, and the principle governing the field in this regard will have to be strictly adhered to.

The court dismissed a plea by one Vinod Kumar M P and others against the Kerala High Court's judgment of August 14, 2024.

"However, we make it clear that the order passed in the impugned judgment will not have any bearing on the eligibility of the petitioner(s) for being considered for future appointments," the bench said.

The petitioners submitted that there could not be any discrimination in selection by not considering the people from backward classes. 

"We make it clear that God did not create the classification on the basis of race, religion, language or caste, and the same are human constructs. Therefore, in the event of any selection of non hereditary trustee, the caste of a person can never be a bar, and the principle governing the field in this regard will have to be strictly adhered to," the bench said.

The matter was related to the appointment of non-hereditary trustees in the temples controlled by the Malabar Devasam Board.

Before the High Court, the Board had said that the appointment of non-hereditary trustees in the controlled institutions under the Malabar Devaswom Board had to be made by the Commissioner in view of the provisions contained in Section 39 of the Act, considering the fact that more than one thousand temples were controlled institutions under the Board, with the limited administrative set up in the Board, it was not feasible for the Commissioner to have direct involvement in the process of selection of non-hereditary trustees of such institutions.

In order to ensure a fair and transparent mechanism for such appointment, the High Court's division bench issued detailed directions taking into consideration the requirements of the provisions contained in the Madras Hindu Religious and Charitable Institutions Act, till rules were made for that purpose under the said Act. These directions included:

(i) The notifications issued for the appointment as non-hereditary trustees in Devaswoms/Temples, which are controlled institutions under the Malabar Devaswom Board, shall be published in a local daily having wide circulation. The notification shall also be published in the notice board of the Devaswom/Temple, at a prominent place, for the information of the devotees, and also in the notice board of the concerned Local Self-Government Institution and the Village Office.

(ii) Once applications are received, the details of the applicants shall be exhibited on the notice board of the Devaswom/Temple, at a prominent place, so as to enable the devotees to point out the disqualifications, if any, of any of the applicants, by submitting written objections before the 2nd respondent Commissioner or the concerned Area Committee, as the case may be, furnishing therewith their name, address and mobile number. Those objections shall also be dealt with appropriately by the 2nd respondent Commissioner or the concerned Area Committee, as the case may be, after obtaining individual reports on those complaints from the concerned Divisional Inspector.

(iii) In the case of Devaswoms/Temples in which appointment of non-hereditary trustees is made by the concerned Area Committee, the evaluation of the applicants with reference to the report of the concerned Divisional Inspector shall be made by a Committee consisting of a member of the Area Committee to be nominated by its Chairman, the concerned Assistant Commissioner and the hereditary trustee of the Devaswom/Temple. In the absence of a hereditary trustee, the Tantri or Melsanthi of the Devaswom/Temple shall be a member of that Committee. The said Committee shall have a comparative assessment of the applicants with specific reference to the eligibilities and disqualifications provided in the guidelines dated 18.05.2004 issued by the Commissioner of the erstwhile Hindu Religious and Charitable Endowments (Administration) Department and the said assessment shall be the basis for the appointment of non-hereditary trustees by the concerned Area Committee.

(iv) In the case of Devaswoms/Temples in which appointment of non-hereditary trustees is made by the 2nd respondent Commissioner, Malabar Devaswom Board, the evaluation of the applicants with reference to the report of the concerned Divisional Inspector shall be made by a Committee consisting of a member of the concerned Area Committee to be nominated by the Commissioner, the concerned Assistant Commissioner and the hereditary trustee of the Devaswom/Temple. In the absence of a hereditary trustee, the Tantri or Melsanthi of the Devaswom/Temple shall be a member of that Committee. The said Committee shall have a comparative assessment of the applicants with specific reference to the eligibilities and disqualifications provided in the guidelines dated 18.05.2004 issued by the Commissioner of the erstwhile Hindu Religious and Charitable Endowments (Administration) Department and the said assessment shall be the basis for the appointment of non-hereditary trustees by the Commissioner, Malabar Devaswom Board.

Case Title: Vinod Kumar M P Vs The Malabar Devasam Board & Ors