SC recently reiterated the principle that selection to the posts of non-hereditary administrator of temples cannot be based on caste.
Last Updated on December 17, 2024 by NewsDesk SLC
A bench of Justice MM Sundresh and Justice Aravind Kumar was hearing the challenge against the Kerala High Court order quashing the previous appointment of non-hereditary trustees in Devaswoms/Temples, institutions under the control of the Malabar Devaswom Board (MDB). The Supreme Court also laid down guidelines for new appointments under the Madras Hindu Religious and Charitable Institutions Act.
The judgment of the High Court was challenged by the previously appointed trustees in this plea.
While refusing to interfere with the said decision of the High Court, the Bench clarified that the direction laid down in the impugned judgment “shall have no bearing on the eligibility of the petitioner(s) for future appointment”.
Sr Advocate PV Dinesh, appearing for the present petitioner, submitted on appeal that the selection process should not omit consideration of persons from backward classes. To which the Court observed that caste cannot be a bar to the selection of non-hereditary trustees. The order reads:
“We make it clear that God did not create classification based on race, religion, language or caste, and neither are human constructs.”
“In the case of any selection of a non-hereditary administrator, the caste of the person can never be a bar and the principle which the branch follows in this regard will have to be strictly followed.”
The Supreme Court was dealing with a plea filed by a devotee of Sree Vairamcode Bhagavathi Devaswa seeking to set aside the MDB Commissioner’s appointment of non-hereditary trustees and directions for fresh appointments in a fair and transparent manner.
In particular, the petitioner before the High Court contended that the said appointments were made in violation of the earlier orders of the High Court which held that a person actively involved in politics, whether holding official office or not, is not eligible to be appointed as a non-hereditary trustee in temples under the Malabar Devaswm Board.
However, according to the petitioner, the commissioner appointed two active politicians from the ruling party, one busy professional and one unrelated person as non-hereditary trustees, in violation of the High Court orders. The petitioner also sought the constitution of a selection committee for the appointment of non-hereditary trustees in temples (Devaswoms) which are managed institutions under the MDB.
