IMPORTANT POINT
Appointment of a person who is not a Malyala Brahmin as a "Poojari" (Priest) of the temple in question is not violative of the alleged constitutional and statutory right of the appellant in the facts and circumstances of this case.

Headnote:Constitution of India-Articles 25, 26, 14, 16 and 21-Protection of Civil Rights Act, 1955-Appointment by caste and creed-Travancore Cochin Hindu Religious Institution Act, 1950-Whether the appointment of a person, who is not a Malyala Brahmin-As Santhikaran or Poojari (Priest) of the temple in question-Kongorpilly Neerkode Siva Temple at Alangad village in Ernakulam District, Kerala State, is violative of the Constitutional and statutory right of the appellant-High Court holding "No"-Whether correct? (Yes)-Appeal dismissed-Case law discussed.
Held : Where a Temple has been constructed and consecrated as per Agamas, it is considered necessary to perform the daily rituals, poojas and recitations as required to maintain the sanctity of the idol and it is not that in respect of any and every Temple any such uniform rigour of rituals can be sought to be enforced, dehors its origin, the manner of construction or method of consecration. No doubt only a qualified person well versed and properly trained for the purpose alone can perform poojas in the Temple since he has not only to enter into the sanctum sanctorum but also touch the idol installed therein. It therefore goes without saying that what is required and expected of one to perform the rituals and conduct poojas is to know the rituals to be performed and mantras, as necessary, to be recited for the particular deity and the method of worship ordained or fixed therefor. For example, in Saivite Temples or Vaishnavite Temples, only a person who learnt the necessary rites and mantras conducive to be performed and recited in the respective Temples and appropriate to the worship of the particular deity could be engaged as an Archaka. If traditionally or conventionally, in any Temple, all along a Brahman alone was conducting poojas or performing the job of Santhikaran, it may not be because a person other than the Brahman is prohibited from doing so because he is not a Brahman, but those others were not in a position and, as a matter of fact, were prohibited from learning, reciting or mastering Vedic literature, rites or performance of rituals and wearing sacred thread by getting initiated into the order and thereby acquire the right to perform homa and ritualistic forms of worship in public or private Temples. Consequently, there is no justification to insist that a Brahman or Malayala Brahman in this case, alone can perform the rites and rituals in the Temple, as part of the rights and freedom guaranteed under Article 25 of the Constitution and further claim that any deviation would tantamount to violation of any such guarantee under the Constitution. There can be no claim based upon Article 26 so far as the Temple under our consideration is concerned. Apart from this principle enunciated above, as long any one well versed and properly trained and qualified to perform the puja in a manner conducive and appropriate to the worship of the particular deity, is appointed as Santhikaran dehors his pedigree based on caste, no valid or legally justifiable grievance can be made in a Court of Law. There has been no proper plea or sufficient proof also in this case of any specific custom or usage specially created by the Founder of the Temple or those who have the exclusive right to administer the affairs - religious or secular of the Temple in question, leave alone the legality, propriety and validity of the same in the changed legal petition brought about by the Constitution and the law enacted by Parliament. The Temple also does not belong to any denominational category with any specialized form of worship peculiar to such denomination or to its credit. For the said reason, it becomes, in a sense, even unnecessary to pronounce upon the invalidity of any such practice being violative of the constitutional mandate contained in Articles 14 to 17 and 21 of the Constitution of India. In the present case, it is on record and to which we have also made specific reference to the details of facts showing that an Institution has been started to impart training to students joining the Institution in all relevant Vedic texts, rites, religious observances and modes of worship by engaging reputed scholars and Thanthris and the Students, who ultimately pass through the tests, are being initiated by performing the investiture of sacred thread and gayatri. That apart, even among such qualified persons, selections based upon merit are made by the Committee, which includes among other scholars a reputed Thanthri also and the quality of candidate as well as the eligibility to perform the rites, religious observances and modes of worship are once again tested before appointment. While that be the position to insist that the person concerned should be a member of a particular caste born of particular parents of his caste can neither be said to be an insistence upon an essential religious practice, rite, ritual, observance or mode of worship nor any proper or sufficient basis for asserting such a claim has been made out either on facts or in law, in the case before us, also. The decision in Shirur Mutt s case (supra) and the subsequent decisions rendered by this Court had to deal with the broad principles of law and the scope of the scheme of rights guaranteed under Articles 25 and 26 of the Constitution, in the peculiar context of the issues raised therein. The invalidation of a provision empowering the Commissioner and his subordinates as well as persons authorized by him to enter any religious institution or place of worship in any unregulated manner by even persons who are not connected with spiritual functions as being considered to violate rights secured under Articles 25 and 26 of the Constitution of India, cannot help the appellant to contend that even persons duly qualified can be prohibited on the ground that such person is not a Brahaman by birth or pedigree. None of the earlier decisions rendered before Seshammal s case (supra) related to consideration of any rights based on caste origin and even Seshammal s case (supra) dealt with only the facet of rights claimed on the basis of hereditary succession. The attempted exercise by the learned Senior Counsel for the appellant to read into the decisions of this Court in Shirur Mutt s case (supra) and others something more than what it actually purports to lay down as if they lend support to assert or protect any and everything claimed as being part of the religious rituals, rites, observances and method of worship and make such claims immutable from any restriction or regulation based on the other provisions of the Constitution or the law enacted to implement such constitutional mandate, deserves only to be rejected as merely a superficial approach by purporting to deride what otherwise has to have really an overriding effect, in the scheme of rights declared and guaranteed under Part III of the Constitution of India. Any custom or usage irrespective of even any proof of their existence in pre constitutional days cannot be countenanced as a source of law to claim any rights when it is found to violate human rights, dignity, social equality and the specific mandate of the Constitution and law made by Parliament. No usage which is found to be pernicious and considered to be in derogation of the law of the land or opposed to public policy or social decency can be accepted or upheld by Courts in the country. For the reasons stated supra, no exception, in our view, could be taken to the conclusions arrived at by the Full Bench of the Kerala High Court and no interference is called for with the same, in our hands. The appeal consequently fails and shall stand dismissed. No costs. (Paras 17, 18 and 19)

JUDGMENT

Raju, J.-The question that is sought to be raised in the appeal is as to whether the appointment of a person, who is not a Malayala Brahmin, as "Santhikaran" or Poojari (Priest) of the Temple in question - Kongorpilly Neerikode Siva Temple at Alangad Village in Ernakulam District, Kerala State, is violative of the constitutional and statutory rights of the appellant. A proper and effective answer to the same would involve several vital issues of great constitutional, social and public importance, having, to certain extent, religious overtones also.

2. The relevant facts, as disclosed from the pleadings, have to be noticed for a proper understanding and appreciation of the questions raised in this appeal. The appellant claims himself to be a Malayala Brahmin by community and a worshipper of the Siva Temple in question. The administration of the Temple vests with Travancore Devaswom Board, a statutory body created under the Travancore Cochin Hindu Religious Institutions Act, 1950. One Shri K.K. Mohanan Poti was working as temporary Santhikaran at this Temple, but due to complaints with reference to his performance and conduct, his services were not regularized and came to be dispensed with by an order dated 6.8.1993. In his place, the third respondent, who figured at rank No.31 in the list prepared on 28.4.1993, was ordered to be appointed as a regular Santhikaran and the Devaswom Commissioner also confirmed the same on 20.9.1993. The second respondent did not allow him to join in view of a letter said to have been received from the head of the Vazhaperambu Mana for the reason that the third respondent was a non-Brahmin. The Devaswom Commissioner replied that since under the rules regulating the appointment there is no restriction for the appointment of a non-Brahmin as a Santhikaran, the appointment was in order and directed the second respondent to allow him to join and perform his duties. Though, on 12.10.1993 the third respondent was permitted to join by an order passed on the same day, the appointment was stayed by a learned Single Judge of the Kerala High Court and one Sreenivasan Poti came to be engaged on duty basis to perform the duties of Santhikaran, pending further orders. The main grievance and ground of challenge in the Writ Petition filed in the High Court was that the appointment of a non-Brahmin Santhikaran for the Temple in question offends and violates the alleged long followed mandatory custom and usage of having only Malayala Brahmins for such jobs of performing poojas in the Temples and this denies the right of the worshippers to practice and profess their religion in accordance with its tenets and manage their religious affairs as secured under Articles 25 and 26 of the Constitution of India. The Thanthri of a Temple is stated to be the final authority in such matters and the appointment in question was not only without his consultation or approval but against his wish, too.

3. The Travancore Devaswom Board had formulated a Scheme and opened a Thanthra Vedantha School at Tiruvalla for the purpose of training Santhikarans and as per the said Scheme prepared by Swami Vyomakesananda and approved by the Board on 7.5.1969 the School was opened to impart training to students, irrespective of their caste/community. While having Swami Vyomakesananda as the Director - Late Thanthri Thazhman Kandarooru Sankaru and Thanthri Maheswara Bhattathiripad, Keezhukattu Illam were committee members. On being duly and properly trained and on successfully completing the course, they were said to have been given Upanayanam and Shodasa Karma and permitted to wear the sacred thread. Consequently, from 1969 onwards persons, who were non-Brahmins but successfully passed out from the Vendantha School, were being appointed and the worshippers - Public had no grievance or grouse whatsoever. Instances of such appointments having been made regularly also have been disclosed. The third respondent was said to have been train

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2002 Supreme(SC) 1002

IMPORTANT POINTAppointment of a person who is not a Malyala Brahmin as a "Poojari" (Priest) of the temple in question is not violative of the alleged constitutional and statutory right of the appellant in the facts and circumstances of this case.

Cases Referred (13)

IMPORTANT POINT
Appointment of a person who is not a Malyala Brahmin as a "Poojari" (Priest) of the temple in question is not violative of the alleged constitutional and statutory right of the appellant in the facts and circumstances of this case.