Seshammal v. State of Tamil Nadu , 1972, the hereditary post of Archakas and Mathadhipatis of Hindu temples in Tamil Nadu challenged the validity of Tamil ... Right to Freedom. The Supreme Court decided that the post of Archaka is secular. The appointment of Archaka is not a religious practice
Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
appoint. 2. Definitions.
- In this Act, unless the context otherwise requires - (1) "archaka" includes a Pujari, Panda, an Archakatvam Mirasidar or other person, who personally ... performs or conducts any archana, puja or other ritual: (1A) [ 'Archakas and other employees Welfare Fund' means, the Fund created for the welfare
requires,- (1) "Advisory Committee" means the Committee constituted under section 20. (2) "Archaka" includes a pujari or other person who performs or conducts archana, puja ... does not include gifts of property made as personal gifts to the archaka, service-holder or other employee of a Hindu religious institution. Explanation: Property
Endowments Act (for short, the `Act')
abolishing hereditary rights of archaka, mirasidars,
gamekars and other office-holders and servants like
hereditary Karnam of Dwarka ... this
batch of cases.
The petitioner is one of the Chief Priests (archaka) in
an ancient and renowned Hindu temple at Thirumala Tirupathi
known
appointment of ar-chakas. It read as under :
"22(1) Every archaka attached to or serving in the temple shall be
responsible ... Temple shall not interfere with the discharge of the
duties by the archaka as such.
(2) The archaka shall be entitled to such remuneration
possessing
the requisite qualification and training can be appointed as a Archaka in
Hindu temples”. An Ordinance (No. 5 /2006) dated 14.07.2006 followed the
aforesaid ... purpose behind further amendment of Section 55(2) in the following terms.
“Archakas of the Temples are to be appointed without any discrimination of
caste
Hereditary right of succession to office of
Archaka abolished--If violative of Arts. 25 and 26 of
Constitution.
HEADNOTE:
Section 55 of the Tamil Nadu ... Institutions (Officers and Servants)
Service Rules, 1964. Rule 12 provided that an Archaka, whether
hereditary or nonhereditary whose duty it is to perform Pujas,
shall
context of a
challenge made to abolition of hereditary right of Archaka, and
reiterated the position as hereunder:
"This Court in Sardar Syadna Taher ... made with the establishment of temples and the institution of
Archakas, noticing at the same time the further fact that the authority
of such Agamas
first petitioner/Sangam including the second petitioner as granted to the Archakas and Village Temple Poojaries.
3. The allegations in support of the writ petition ... registered Trade Union. The Accountants, Clerks, Record Clerks, Typists, Peons, Archakas, Maniam, Parisaragar, Madapalli, Kaliyachi, General Assistants, Florists, Odhuvaar, Day and Night Watchmen, Pattuppartuthi
