The Supreme Court on Wednesday refused to vacate its status quo order putting on hold the appointment of priests in the Agamic Temples in Tamil Nadu under the Tamil Nadu Hindu Religious Institutions Employees (Condition of Service) Rules 2022.

Not vacating the status quo order passed on September 25, 2023, a bench of Justice AS Bopanna and Justice MM as the Tamil Nadu government sought the vacation of the status quo order  to pave the way for the appointment of priests in the Agamic temples.

Senior advocate Dushyant Dave appearing for Tamil Nadu government said that the status quo order was beyond the prayers made by the petitioners.

Senior advocate CS Vaidyanathan appearing for one of the petitioners, told the bench that there are 48,000 temples in Tamil Nadu and 10 per cent of them are  Agamic Temples which follow certain traditions and procedures for the appointment of Archakas.

He later said that the State government was interested in Agamic Temples only as they have a larger footfall and consequently the greater revenue generation, whereas   large segments of other temples are hardly self-sustaining.

Senior advocate Guru Krishna Kumar also appearing for one of the petitioners  told the bench that the Agamic Temples follow certain traditions and procedures for the appointment of priests and the same cannot be interfered with by the State.

The petitioners have approached the top court against August 22, 2022, Madras High Court order which had read down the the Tamil Nadu Hindu Religious Institutions Employees (Condition of Service) Rules 2022, to the extent that they would not apply to temples constructed as per the agamas in relation to the qualifications and appointments of archakas (priests).

The High Court had held that the  Rules 7 and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules of 2020, which prescribe eligibility, qualification and age for appointment of temple priests, will not apply to temples that had been constructed and governed as per specific Agama Sastras – treatise on temple rituals.

The top court has been moved by Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha  Koilgalin Miraskainkaryaparargalin Nalasangam,   The South Indian Vaikanasa Archakas Association, Madras, All India Adi Saiva Sivacharyargal Seva Association, and the All India Adusaiva Sivacharyargal Seva Sangam, against the Madras High Court order.