New Delhi: The Kerala High Court on Wednesday (October 22) held that requiring temple priests to come from a specific caste or lineage cannot be regarded as an essential religious practice.
A division bench comprising Justices Raja Vijayaraghavan and K.V. Jayakumar rejected the Akhila Kerala Thanthri Samajam’s (AKTS) contention that appointments of shanthis (temple priests) must strictly follow traditional customs and should not be altered by subordinate legislation, according to a report by LiveLaw.
The court dismissed the writ petition filed by AKTS, which had contested the recognition and accreditation granted to institutions described as 'Thanthra Vidyalayas' by the Travancore Devaswom Board (TDB) and the Kerala Devaswom Recruitment Board (KDRB), The Wire reported.
The bench observed that there was no factual or legal basis to support the claim that priesthood eligibility based on caste or lineage was part of an essential religious practice. It further noted that the contention that individuals unconnected with spiritual functions are being considered for such posts and that this infringes the fundamental rights of the petitioners guaranteed under Articles 25 and 26 of the Constitution of India is untenable.
The Akhila Kerala Thanthri Samajam (AKTS) had earlier filed a petition challenging notifications issued by the Kerala Devaswom Recruitment Board (KDRB), which required candidates seeking appointment as part-time shanthis (temple priests) to hold certificates from Tantra Vidya Peetoms recognised by the board.
According to the petitioners, these rules were introduced without consulting key stakeholders, including members of the traditional thanthri community. They argued that the new system effectively excluded many eligible individuals from priesthood positions simply because they lacked certification from the newly recognised institutions.
The State, responding to the petition, maintained that hereditary certification for shanthis contradicts the democratic principles enshrined in the Constitution, as it limits the priesthood to a select few families. The Travancore Devaswom Board (TDB) also contended that AKTS had not suffered any actual legal harm and accused the petitioners of disguising a private grievance as a public interest litigation.
Meanwhile, in its counter affidavit, the KDRB explained that it had expanded the list of approved institutions offering thanthra education after observing limited participation from marginalised communities. This, the board said, was due to the absence of a unified system for conducting such courses.
After reviewing the arguments, the court found that the petitioners had failed to demonstrate that the rule-making body lacked legislative authority or that the rules violated any statutory provisions. The bench reiterated that the claim of infringement of fundamental rights under Articles 25 and 26 was unfounded, and subsequently dismissed the AKTS petition, LiveLaw reported.