A bench of Justices Raja Vijayaraghavan V and K.V. Jayakumar said...
The appointment of a priest in a temple is not a religious act, but a task to be performed by a secular/civil authority (trustee). Appointment based on caste or lineage is not a constitutionally protected right under the Constitution. The court will not recognize any practice that is against human rights or social equality.
The court's comment came on a petition by Akhila Kerala Thanthri Samajam (approximately 300 traditional Thanthri families). This organization represents families who have been performing worship in temples for generations.
The organization had challenged the process of appointing candidates trained in Tantra Vidya Peeths as priests. It argued that this was eroding the traditional rights of Brahmin families. Appointments should be made according to religious texts like Agam and Tantrasamuchayam'
The right to perform puja should only be given to traditional Tantri families, but the Kerala Devaswom Board and Devaswom Recruitment Board made a new rule. Under this, any person of any caste or lineage, if they have received training in puja from a recognized Tantra school, can become a priest.
Tantri society says - Government or any board cannot interfere
Meanwhile, the Thanthri community is against this rule. It stated that who will worship in the temple is a religious matter. The government or any board cannot interfere in the appointment of priests. This rule is against religious traditions and scriptures.
What the Court said on the Tantra Vidya Peeth system...
- Tantra Vidya Peeth has a strict certification process for candidates.
- Candidates who complete the course undergo initial rituals, which certifies their preparation for temple duties.
- The final selection is made by merit and a committee, which examines the candidate's skill, qualification, and understanding of religious rituals.
- TDB and KDRB followed public consultation and objections before framing the rules.
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