IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
D.V.S.S. SOMAYAJULU, J.
Sri Raghavendra Swamy Mutt, Mantralayam, Kurnool Dist. - Petitioner
Versus
The State of Andhra Pradesh Rep., by its Special Chief Secretary to Government and Others – Respondents
W.P.Nos.9641 and 12908 of 2021
Decided On : 21-09-2021
| Table of Content |
|---|
| 1. petition requests reliefs against government actions. (Para 1 , 2) |
| 2. petitioner argues that math is a unique religious institution. (Para 5 , 6 , 7 , 8) |
| 3. court distinguishes between math and temple in legal context. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. minimum wages act does not apply to math. (Para 16 , 18 , 19) |
| 5. court reinforces math's autonomy from state interference. (Para 21 , 22 , 23) |
| 6. memos are ruled inapplicable to petitioner math. (Para 24) |
| 7. final decision to allow petition and dismiss another. (Para 25 , 26) |
ORDER :
(D.V.S.S. Somayajulu, J.)
1. WP.No.9641 of 2021 is filed by the petitioner-Math for the following reliefs:
2. WP.No.12908 of 2021 is filed by the petitioner therein for the following reliefs :
3. This Court has heard Sri C.R.Sridharan, learned senior counsel for the petitioner representing Sri G.V.S.Ganesh and the Government Pleader for Endowments representing the respondents in WP.No.12908 of 2021.
4. The order passed in WP.No.9641 of 2021 will have a direct consequence on the second writ petition. Hence, WP.No.9641 of 2021 was heard at length.
5. Learned senior counsel submits that the petitioner is a Math, which is a specific religious denomination based at Manthralayam in Kurnool. According to the learned senior counsel, the writ petition had to be filed under Article 226 of the Constitution of India because the respondent was attempting to interfere with the activities of the Math and directing the petitioner to pay minimum wages etc., to the persons employed in the Math. This action of the respondent, which is as per the memos dated 04.07.2018, 05.12.2018 and the consequential direction dated 19.04.2021 is challenged. Learned senior counsel argues that the Math is a religious institution which is discharging both religious and secular functions. It is his contention that the respondent-State does not have the right to interfere with the Management of the Math and issue the directions contained in the impugned memos dated 04.07.2018, 05.12.2018 and the consequential direction dated 19.04.2021. Learned counsel for the petitioner argues that there is a clear distinction between a temple and a Math. He relies upon section 2(17) of the A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short ‘the Act’), which defines a Math as an institution whose principal duty is the prop
AI
The court established that the Commissioner’s powers under the Endowments Act do not allow for interference in the internal affairs of a Math, distinguishing it from a Temple.
The provisions of Sections 50 to 55 of the Act regulate the administration of maths without violating the rights to religious freedom under Articles 25 and 26 of the Constitution.
Employment in religious institutions must be treated equally; tonsuring work is recognized as religious, warranting equal pay and benefits regardless of financial constraints.
Administrative authority must follow due process and principles of natural justice in disciplinary actions under the applicable statutes, ensuring decisions are not arbitrary or colorable.
The right of minority institutions to establish and administer educational institutions includes the right to appoint staff, which cannot be restricted by government regulations.
The Madarsa Act, 2004 violates the secular principles of the Constitution and the right to quality education, rendering it unconstitutional.
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