Chennai: A bench of the Chief Justice of the High Court has ruled that the new rules of the Charities Department regarding the appointment of employees in temples will go into effect. At the same time, the judges have also ordered that the priests should be appointed in accordance with the Agama rules in the temples built following the Agama rules.
In the year 2020, the charity department brought new rules regarding the appointment of priests, reciters and priests in temples in Tamil Nadu. Accordingly, those appointed as priests in temples should be between 18 and 35 years of age. It mentioned that those who completed class 10 and completed one year training in agama schools could be appointed as priests in temples.
All India Adi Saiva Shivacharyas Seva Sangh General Secretary BSR Muthukumar Shivacharya and Temple Worshipers Sangha President Mylapore TR Ramesh filed separate cases in the Madras High Court against certain provisions of these new government rules.
In the petitions they stated:
Where to set up the temples, how to set them up, sanctuaries for the main deity, sanctuaries for the parivar murtis, daily pujas and rituals, Satupedi, Naivedyam, festivals etc., are all done according to the rules of Agama. Only those who have thoroughly learned these rules of Agama and have undergone professional training can work as priests or reciters in temples built according to the rules of Agama.
Experienced in Agama rules, those who have not completed 10th standard or one year certificate course. They have dedicated their entire lives to God’s service at an early age and have been initiated by their guru through gurukula education. At least 3 years of strict adherence to Agama rules and learned Vedic mantras and rituals. After that only if they have 3 to 5 years of experience in homam, kumbabhishekam and pooja rituals they can reach the position of priest.
In 2006, the Tamil Nadu government issued an ordinance to allow all Hindu castes to become priests in temples. The Supreme Court hearing the case filed by the Shivacharyas Sangh against it, has again confirmed that the appointment of priests should be subject to the rules of Agama.
Therefore, according to Agama rules, only those who have been properly trained in traditional tradition and religious rituals can be appointed as priests in temples. However, in the notification issued by the charity department last year 2021, these qualifications have been deliberately ignored. Therefore, the government’s new rules regarding the appointment of priests in temples should be repealed. Thus they demanded.
The bench of Chief Justice Muneeshwarnath Bhandari and Justice R.Mala heard these cases in October last year and issued an interim order that the appointment of priests is subject to the final judgment of these cases.
Thereafter, the trial of these cases continued in the sitting of the Chief Justice. Senior Advocate Satish Parasaran, Advocates P. Valliappan and NR Venkatesh appeared for the petitioners, and Chief Public Prosecutor R. Shanmukha Sundaram and Special Public Prosecutor NRRR Arun Natarajan appeared for the charity department. The judges, after hearing arguments from all sides, adjourned the verdict in the case till date.
In this case, the judges ruled in this case yesterday. The judges in their detailed judgment said:
The new rules of the Charities Department regarding the appointment of priests in temples will go through. At the same time, priests should be appointed according to Agama rules in temples built following Agama rules. Similarly, the authority to appoint Archakars and Priests in temples is vested only in the Temple Trustees and Thakkar. The charity department does not.
A 5-member committee headed by retired High Court judge M. Sokkalingam is being formed to find out which temples in Tamil Nadu are following Agama rules. We appoint N. Gopalaswamy, Executive Committee President, Madras Sanskrit College, in that committee. Further, 2 persons should be appointed within a month after consultation with M. Sokkalingam who is the chairman of the committee. The Commissioner of Hindu Religious Endowments Department will act as the 5th ex-officio member of the committee.
Also, the new rules 2(c), 2(g), 7, 9, 11 to 15 relating to the appointment of Hindu Religious Charities Department employees are not limited to the appointment of Archakar and Odhuvar. They cannot be canceled as they relate to the appointment of all employees. Repeal of those rules would lead to administrative chaos. At the same time, priests should be appointed in accordance with Agama rules in temples built following Agama rules. At the same time, this order does not apply to temples that are not built following Agama rules. The judges have mentioned this in the verdict.