JUDGMENT :

R. Raghunandan Rao, J.

1. The Government of Andhra Pradesh had been framing policy and guidelines for recruitment of persons on outsourcing/contract basis from time to time. By G.O. Ms. No. 126 dated 18.10.2019, the Government declared its policy of incorporating a dedicated corporation, which would directly outsource manpower to various departments/organizations in the State as per their requirement. Thereafter, G.O. Ms. No. 136 dated 04.11.2019 was issued recording the fact that a company named Andhra Pradesh Corporation for Outsourced Services (APCOS) had been incorporated under Section 8 of the Companies Act, 2013 with the objects and purposes set out in the said G.O. The Government, in pursuance of the policy announced, earlier, had issued a Circular Memo No. GAD01-SUOMISC/31/2019-SU-I, dated 20.11.2019 laying down the following guidelines to the said outsourcing corporation. Relevant para of the Circular is as follows :

(I) Removal of private outsourcing agencies/middle men

(II) Corruption free outsourcing placement

(III) Implementation of 50% reservation for BCs, SCs, STs and Minorities, and 50% reservation for women

(IV) Timely and full payment of remuneration, without any undue cuts

(V) Proper credit of EPF and ESI

2. Thereafter, the Government of A.P. had again issued circular Memo. No. GAD01-SUOMISC/31/2019-SU-I, dated 21.07.2020. The guidelines set out in this Circular are in continuation of the guidelines set out in the earlier Circular dated 20.11.2019. This Circular was to apply to the following organizations.

"All the Secretariat Departments, State Head of Departments, PSUs/Government aided Institutions/Organizations/Universities/Societies/Autonomous bodies/Semi-autonomous bodies, District level Offices, etc., are requested to migrate their outsourced employees to the APCOS, by 25-07-2020, duly following guidelines issued in the reference (3) cited above."

3. After issuance of these Government Orders and Circulars, the 2nd respondent issued the impugned Memo No. K3/3676187/2020, dated 29.07.2020 directing all the drawing and disbursement officers and temple executive authorities to engage manpower and work on outsourcing only through the A.P. Corporation for Outsourced Services with a stipulation that this should be done strictly in accordance with the procedure prescribed in the Circular dated 21.07.2020 without any deviation and with immediate effect.

4. The petitioner, who claims to be a person, who is a strong devotee of Tirumala and Dwaraka Tirumala temples, being aggrieved by the said Circulars, has filed the present writ petition challenging the Circular Memo dated 21.07.2020 of the 2nd respondent.

5. Sri V. Venugopala Rao, learned counsel appearing for the petitioner assails the said Circulars on the following grounds.

(a) The Government Orders and Circulars read together, stipulate that the rule of reservation has to be applied in the course of appointment of outsourced employees. This would mean that minorities belonging to the religions other than Hinduism would have to be mandatorily appointed as employees of the Hindu temples.

(b) The provisions of Section 29(3) require the executive officers of the Hindu temples to be Hindus only. Similarly, a reading of Sections 13, 23 and 35 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') would also show that any person associating with the administration of any Hindu temple, at any level, would require to be a Hindu as a non-Hindu employee of a temple would not be in consonance with these provisions, which require all functions and affairs of the temples to be performed strictly in accordance with the Agamas and the practices and conventions which have been laid down over a long period of time.

(c) The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Office Holders and Servants Service Rules, 2000 issued by way of G.O. Ms. No. 888, Revenue (Endowments. I) dated 08.12.2000 stip