The Supreme Court recently stated that race, religion, language, and caste are human-made constructs, not divinely ordained classifications.
The division bench, comprising Justices M. M. Sundresh and Aravind Kumar, emphasized that in selecting non-hereditary trustees, caste should never be a disqualifier.
They clarified that the relevant legal principles must be strictly followed in such cases. The court also rejected a plea from Vinod Kumar M P and others, challenging the Kerala High Court's ruling from August 14, 2024.
"However, we make it clear that the order passed in the impugned judgment will not have any bearing on the eligibility of the petitioner(s) for being considered for future appointments," the bench said.
The petitioners submitted that there could not be any discrimination in selection by not considering the people from backward classes.
"We make it clear that God did not create the classification on the basis of race, religion, language or caste, and the same are human constructs. Therefore, in the event of any selection of non hereditary trustee, the caste of a person can never be a bar, and the principle governing the field in this regard will have to be strictly adhered to," the bench said.
The case concerned the appointment of non-hereditary trustees in temples overseen by the Malabar Devasam Board.
Before the High Court, the Board argued that, under Section 39 of the Act, the Commissioner was responsible for appointing non-hereditary trustees in the temples under the Board's control. However, with over a thousand temples under the Board’s administration and its limited administrative setup, it was impractical for the Commissioner to be directly involved in the trustee selection process.
To ensure a fair and transparent appointment process, the High Court's division bench issued detailed directions, taking into account the provisions of the Madras Hindu Religious and Charitable Institutions Act, pending the formulation of specific rules under the Act.
These directions included:
(i) The notifications issued for the appointment as non-hereditary trustees in Devaswoms/Temples, which are controlled institutions under the Malabar Devaswom Board, shall be published in a local daily having wide circulation. The notification shall also be published in the notice board of the Devaswom/Temple, at a prominent place, for the information of the devotees, and also in the notice board of the concerned Local Self-Government Institution and the Village Office.
(ii) Once applications are received, the details of the applicants shall be exhibited on the notice board of the Devaswom/Temple, at a prominent place, so as to enable the devotees to point out the disqualifications, if any, of any of the applicants, by submitting written objections before the 2nd respondent Commissioner or the concerned Area Committee, as the case may be, furnishing therewith their name, address and mobile number. Those objections shall also be dealt with appropriately by the 2nd respondent Commissioner or the concerned Area Committee, as the case may be, after obtaining individual reports on those complaints from the concerned Divisional Inspector.
(iii) In the case of Devaswoms/Temples in which appointment of non-hereditary trustees is made by the concerned Area Committee, the evaluation of the applicants with reference to the report of the concerned Divisional Inspector shall be made by a Committee consisting of a member of the Area Committee to be nominated by its Chairman, the concerned Assistant Commissioner and the hereditary trustee of the Devaswom/Temple. In the absence of a hereditary trustee, the Tantri or Melsanthi of the Devaswom/Temple shall be a member of that Committee. The said Committee shall have a comparative assessment of the applicants with specific reference to the eligibilities and disqualifications provided in the guidelines dated 18.05.2004 issued by the Commissioner of the erstwhile Hindu Religious and Charitable Endowments (Administration) Department and the said assessment shall be the basis for the appointment of non-hereditary trustees by the concerned Area Committee.
(iv) In the case of Devaswoms/Temples in which appointment of non-hereditary trustees is made by the 2nd respondent Commissioner, Malabar Devaswom Board, the evaluation of the applicants with reference to the report of the concerned Divisional Inspector shall be made by a Committee consisting of a member of the concerned Area Committee to be nominated by the Commissioner, the concerned Assistant Commissioner and the hereditary trustee of the Devaswom/Temple. In the absence of a hereditary trustee, the Tantri or Melsanthi of the Devaswom/Temple shall be a member of that Committee. The said Committee shall have a comparative assessment of the applicants with specific reference to the eligibilities and disqualifications provided in the guidelines dated 18.05.2004 issued by the Commissioner of the erstwhile Hindu Religious and Charitable Endowments (Administration) Department and the said assessment shall be the basis for the appointment of non-hereditary trustees by the Commissioner, Malabar Devaswom Board.
Case Title: Vinod Kumar M P Vs The Malabar Devasam Board & Ors
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