Introduction

The Madras High Court, in the case of Sri Subramaniyaswami, Thirukovil Sundhanthirai Paribalana Sthalatharkal Sabha v. The Commissioner, HR&CE through Justice S Srimathy of the Madurai bench, issued a significant restraining order against the state government’s directive involving practical training under a Chief Priest for graduates of Archakar Training Schools. The Court highlighted the sanctity of temples, rebuffing the notion of these sacred spaces being utilized as training centers or laboratories for practical training in Agamas.

Arguments of Both Sides  

The petitioners, President and Joint Secretary of the Thirukovil Sudhanthira Paribalana Sthalatharkal Sabha, contested a Government Order issued by the Tourism, Culture, and Religious Endowment Department. They argued against the legality of the order, contending that it failed to specify essential Agamas and rituals, essential for the temple’s practice. They emphasized that such training demanded years of rigorous study, and the current scheme neglected these crucial qualifications.

The state challenged the petition’s maintainability, categorizing it as a service matter beyond the purview of the Sabha. However, the Court disagreed, recognizing the Sabha’s advocacy for Shastric rites pertinent to Agamic temples and the deity’s entitlement to specific rituals.

Court’s Judgment  

The Court acknowledged the Government Order’s deviation from the customary practices within Agamic temples. Additionally, it noted the indirect issuance of appointment orders, seemingly contravening Agama principles, by providing stipends from temple funds to trainees. The Court emphasized the appointment of Archakas should conform to Agama practices, contrary to the provisions in the impugned Government Order.

Pending Supreme Court deliberations on the matter, the Madras High Court directed authorities to adhere to the Apex Court’s orders and abstain from conducting any training sessions until further directives.