Supreme Court Turns Down Tamil Nadu Govt Plea To Vacate Interim Order On Appointment Of Archakas To Agama Temples

Hearing an urgent plea filed by the Tamil Nadu government regarding Archakaship in Agamic temples in Tamil Nadu on 8 November, a Supreme Court bench of Justices MM Sundresh and AS Bopanna did not vacate or modify an interim order dated 25 September, which called for maintaining the status quo. The bench stated that the next date of hearing in the case would be 25 January 2024.

According to a report by The Hindu, the passing of the status quo order was prompted by multiple petitions claiming that the Tamil Nadu government was trying to appoint "non-believers" as Archakas (priests), which goes against the Agamas (post-Vedic scripture conveying ritual knowledge).

Senior Advocate Dushyant Dave, who represented the Tamil Nadu government, requested the Court to lift the stay order.

Dave said that the current order would prevent the filling up of 2405 Archakaship positions in Agamic temples, affect the training planned for individuals who had completed courses at the Archaka training school and make it difficult to continue performing poojas in Agamic temples.

Senior advocates CS Vaidyanathan and Vikas Singh, who represented the petitioners against the State government, argued that the Tamil Nadu government has taken control of the running of the Agama temples by appointing and transferring Archakas, stated the report.

Dave argued that the appointments were made in accordance with the Agamas and it was a secular function that fell within the government's jurisdiction.

The state said that the purpose was to ensure "all Hindus, regardless of caste and creed, who have the necessary training and qualifications, to be eligible for appointment as archakas under the supervision of the Hindu Religious and Charitable Endowments Department."

It added that the training syllabus and period were determined in accordance with the recommendations of a High Level Committee led by Justice AK Rajan, a former judge of the Madras High Court.

Regarding the selection of candidates, it stated that the candidates were interviewed by Agama experts, Archakas, Bhattchariyars and Sivachariyars, who are highly experienced.

About the need to apply rules mentioned in the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules 2020 to selection and service of Archakas, it stated that it was because the Agamas do not contain details such as age, selection process, qualifications, retirement etc.

The petitioners argued that the state government's directives issued in July and August were in contradiction to the Supreme Court's previous judgments that protected the rights of religious denominations and stated that the Archakas should be appointed according to the Agamas.

Further, they requested the Supreme Court to form a committee led by a retired Supreme Court judge to identify the Agamic temples in Tamil Nadu.

“Any violation of Agamas is believed to defile the images of Gods and bring misfortune to the devotees. As per the Agamas, only the denominations of Sivachariyars/Gurukkals/Adi Saivars/Battars and Pancharatra and Vaikhanasa Battachariyars are entitled to perform the poojas in Saivite and Vaishnavite temples, respectively. This is in accordance with the specific Agamas governing the specific temples. This practice has been in vogue from time immemorial,” stated the report quoting an argument made by the petitioners.

The report further stated that the petitioners accused the state government of time and again trying to take away the rights of denominations.

The petitioners stated that the denominations had rights in around 3600 temples in the state, which are over thousand years old and governed by the Agamas and in the remaining 35000 temples, they do not have such rights.