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Tamil Nadu justifies move to appoint archakas

J. Venkatesan

Says it is intended to ensure social justice in all fields


State says intention is to eliminate discrimination

Bench posts matter for further hearing in February 2009


New Delhi: The Tamil Nadu government has justified the move to appoint suitably qualified and appropriately trained Hindus as archakas in temples without any discrimination of caste, saying it is intended to ensure social justice in all fields.

The government was responding to petitions filed by the Adi Saiva Sivacharyargal Nala Sangam, the Thennindia Thirukkoil Archagargal Paripalana Sabhai and others, challenging the proposal to appoint archakas on the basis of the recommendations of a high power committee.

Senior counsel M.N. Rao, appearing for the State, submitted before a Bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam that 207 persons had been trained, but actual appointments had not been made. Since training had to be given to another batch of candidates, he sought an early decision on the matter.

Senior counsel K. Parasaran and G. Umapathy, appearing for the petitioners, said the issue needed examination and pleaded for early hearing. The Bench posted the matter for further hearing in February 2009.

In August 2006, the apex court had stayed a provision in the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Ordinance, 2006 providing for such appointment. The relevant clause was challenged in a batch of petitions on the ground that it was unconstitutional.

Subsequently, when the ordinance was enacted into an Act, the relevant clause was deleted. The State government had decided to implement the recommendations of the committee, they said in fresh applications, and sought interim stay on the ground that such appointments would violate the ‘agama sastras’.

In its reply, the State said: “The fact that no other person from any other caste than Brahmins was doing religious service for a long time does not mean that the group of persons have perpetuated that right and can exclude others for all times to come. So, the decision taken by the government, which is part of social reforms, cannot be agitated on the basis of the ‘agama sastras’. The intention of the government is to eliminate discrimination among people in the performance of pooja in temples without affecting the usual rituals, practices etc.” The State sought dismissal of the petitions.

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