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When the Board authorized to review its administration, the Board is competent to formulate certain guidelines for providing Darshanam to various persons including VVIPs and VIPS and other general public, who visit temple. At the same time, Andhra Pradesh (Andhra Area) Temple Entry Authorization Act, 1947, which came into effect from 13.05.1947 deals with entry of various devotees to enter into temple and powers of Trust Board etc. The said Act is enacted to authorize entry into Hindu temples in the Andhra Area of 17 HACJ & MSM,J WP(PIL)_59_ 2019 the State of Andhra Pradesh and the offer of worship therein by all classes of Hindus. Whereas it is the policy of the State Government to remove the disabilities imposed on certain classes of Hindus against entry into Hindu temples in the State; whereas the State Government are satisfied, from the rapidity with which, under pressure of Hindu public opinion, a number of temples have been thrown open to certain classes of Hindus in recent months, under the provisions of the Madras Temple Entry Authorization and Indemnity Act, 1939 that the time has now arrived for throwing open to all classes of Hindus every Hindu temple in the State and the State Government considered that the provisions of the said Act are inadequate for the early and complete implementation of the policy of the State Government, enacted the Andhra Pradesh (Andhra Area) Temple Entry Authorization Act, 1947. Thus, the object of the Act is to authorize entry into Hindu Temples in the Andhra Area of the State of Andhra Pradesh since the earlier enactment i.e. the Madras Temple Entry Authorization and Indemnity Act, 1939 did not serve the purpose.

Section 2 (1) of the Andhra Pradesh (Andhra Area) Temple Entry Authorization Act, 1947 defined temple and it means a place, by whatever name known, which is dedicated to or for the benefit of, or used as of right by, the Hindu community or any section thereof, as a place of public religious worship, and includes subsidiary shrines and mantapams attached to such place. Therefore, TTD herein is a temple as defined under Sub-Section (1) of Section 2 of the said Act.

Section 4 of the Andhra Pradesh (Andhra Area) Temple Entry Authorization Act, 1947 conferred power on trustees to make 18 HACJ & MSM,J WP(PIL)_59_ 2019 regulations for the maintenance of order and decorum and the due performance of rites and ceremonies in temples. It is apposite to extract the said provision for better appreciation, accordingly it is extracted hereunder.

(b) the right of passage over any sacred place, including a hill or hillock or a road, street or pathway, which is requisite for obtaining access to the temple."

Thus, as per Section 3 of the Andhra Pradesh (Andhra Area) Temple Entry Authorization Act, 1947, every Hindu is entitled to enter into the temple and worship deity in the temple and no Hindu shall be discriminated on the ground of caste or sect to enter into the temple including use of waters of any sacred tank, well, spring or water-course appurtenant to the temple etc. A reading of Section 97 of the Act makes it clear that the TTD board is conferred with power to review the administration keeping in mind public interest, services and amenities to be provided to and welfare safety measures to be undertaken for the pilgrims etc. Similarly, Section 4 of the Andhra Pradesh (Andhra Area) Temple Entry Authorization Act, 1947, permits the Trust Board of temple to pass regulations for the maintenance of order and decorum and the due performance of rites and ceremonies in temples. Thus, the TTD Board or a Trust Board of any temple, is competent to take necessary decision to regulate entry into the temple while maintaining the decorum of the temple keeping in mind the social security to the pilgrims, worshippers etc. Coming to Article 14 of the Constitution of India, right to equality is recognized as fundamental right, but it is subject to certain limitations. The principle of equality does not mean that every law must have universal application for all persons who are not 20 HACJ & MSM,J WP(PIL)_59_ 2019 by nature, attainment or circumstances in the same position, as the varying needs of different classes of persons often require separate treatment. It would be inexpedient and incorrect to think that all laws have to be made uniformly applicable to all people in one go. The mischief or defect which is most acute can be remedied by process of law at stages. Hence, the Act singling out the religious and charitable institutions and endowments of Hindu religion, which is the major religion of the country, leaving out such institutions and endowments of other religions for the purpose of regulating their administration is not violative of Articles 14, 15 (1) and 25 of the Constitution of India. (Vide: Pannalal Bansilal Pitti v. State of A.P.7") The principle does not take away from the State the power of classifying persons for legitimate purposes. The legislature is competent to exercise its discretion and make classification (Vide:

The term "VIP" is not defined anywhere, but the Central Government published book, which is known as Blue Book in general parlance, wherein the Central Government specified the order of Protocol in annexure and the procedure to be followed to offer honours to the persons, who are in the list.

To differentiate those persons or classify those persons from ordinary devotees to provide immediate Darshanam either through Mahadwara or through compartments is based on their occupation, employment and status in the Government. It is a known fact that to have Darshanam as an ordinary pilgrim, a person has to stand in the serpentine queue for hours together and the time for Darshanam may vary from hours and days during auspicious days and Utsavams. During auspicious days, it may take more than 24 hours and in ordinary days, it may be around 7 to 14 hours. If the VVIPs and VIPS are not allowed to have immediate Darshanam, they have to spent not less than a day or more to have Darshanam by standing in the long serpentine queue. Their valuable time to render services to the public being high in the State or in the Central Government, time would be lost besides security problems. On account of crowd of 32 HACJ & MSM,J WP(PIL)_59_ 2019 general devotees, VVIPs and VIPs cannot be denied Darshanam in the temple. Such a denial would infringe the fundamental right guaranteed under Article 25 of the Constitution of India. If everyone is compelled to stand in the queue, it would be difficult to manage the affairs of the State or Central Government by such bureaucrats, who are classified as VIPs in the blue book published by the Central Government every year. Keeping in mind the requirement of their attendance to various affairs of the State in the interest of the Public, they are differentiated from ordinary pilgrims by providing certain privileges like immediate Darshanam etc. during the specified time having regard to the circumstances prevailing in the abode. Therefore, major part of the day is being utilized by the respondent No.3 - temple for providing Darshanam to ordinary pilgrims, who visit temple and such classification of devotees as VIPs and ordinary pilgrims would not infringe Article 14 of the Constitution of India. Even otherwise, the custom prevailing in the temple as per Dittam extracted above is to provide Darshanam and the temple offers certain privileges by observing Protocol. When such custom and usage is prevailing in the temple since 1790 onwards, the practice of offering Protocol to VVIPs and VIPs cannot be said to be inconsistent with law adopted by the State and against any of the constitutional provisions, more particularly, Article 14 of the Constitution of India. Even Section 97 of the Act and Section 4 of Andhra Pradesh (Andhra Area) Temple Entry Authorization Act, 1947 confer power on the temple authorities to take administrative decisions to regulate the administration while maintaining decency and decorum in the temples. Legislature conferred power on the Board or on the Trust Board keeping in mind the difficulties encountered by VVIPs and VIPs, who visit temples and to see that the time of such VIPs being 33 HACJ & MSM,J WP(PIL)_59_ 2019 not wasted which made them to enact those provisions. For instance the Prime Minister of India or Chief Justice of India or other High Dignitaries of the State or Central Government, if asked to stand in the long queue to have Darshnam of deity, it will have serious consequences and sometimes there is possibility of stampede in the temple on account of huge crowd of devotees leads to insecurity of the high dignitaries. To avoid such instances, the TTD took the decision by exercising power under Section 97 of the Act/Section 4 of Andhra Pradesh (Andhra Area) Temple Entry Authorization Act, 1947.