The Supreme Court recently reaffirmed the principle that appointments to non-hereditary trustee positions in temples must not be based on caste.

A bench comprising Justice MM Sundresh and Justice Aravind Kumar heard a challenge against the Kerala High Court's order, which had annulled the previous appointments of non-hereditary trustees in Devaswoms/Temples managed by the Malabar Devaswom Board (MDB). The High Court also issued directions for new appointments to be made in accordance with the Madras Hindu Religious and Charitable Institutions Act.

The present plea challenges the High Court's judgment, filed by the trustees who were previously appointed.

While refusing to interfere in the said decision of the High Court, the bench clarified that the direction laid down in the impugned judgment "will not have any bearing on the eligibility of the petitioner(s) for being considered for future appointments".

Upon dismissal, Senior Advocate PV Dinesh, representing the petitioners, argued that the selection process should not exclude individuals 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"

"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."

Case Brief:

In the said matter, the High Court was hearing a writ petition filed by a devotee of Sree Vairamcode Bhagavathi Devaswom, seeking to annul the appointment of non-hereditary trustees made by the Commissioner of the MDB and requesting directions for fresh appointments to be conducted in a fair and transparent manner.

Notably, the petitioner before the High Court argued that the appointments were made in violation of the court's previous orders, which stated that individuals actively involved in politics, regardless of holding an official post, are ineligible to be appointed as non-hereditary trustees in temples under the Malabar Devaswom Board.

The petitioner further contended that, in disregard of the High Court's orders, the commissioner appointed two active politicians from the ruling party, a busy professional, and an unrelated individual as non-hereditary trustees. The petitioner also requested the constitution of a selection committee to oversee the appointment of non-hereditary trustees in the temples (Devaswoms), which are institutions governed by the MDB.

Case Details : VINOD KUMAR M.P. & ORS. v. THE MALABAR DEVASWOM BOARD & ORS. | Special Leave to Appeal (C) No(s). 29188/2024