No new colleges to be set up using temple funds, existing ones must have course on Hinduism: Madras High Court

The Madras High Court recently barred the setting up of colleges out of surplus funds from temples in terms of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, without the leave of the Court (TR Ramesh v. State Of Tamil Nadu And Ors)..The order passed by now-transferred Chief Justice Sanjib Banerjee and Justice PD Audikesavalu further directed that four colleges set up from these funds, for which admissions are completed, will have to start courses on the Hindu religion within a month."It will be a condition precedent to the four colleges opening that a stream of religious instructions in Hindu religion be introduced. If such a course is not introduced within a month of the college starting, the further functioning of the college cannot continue. It must be appreciated that however pious the intention may be to use perceived surplus funds for the purpose of education, these funds are out of offerings for a particular cause and, ordinarily, the cause must not be forgotten and the same must be espoused with a part of the funds, even though the larger sphere of education may also be addressed," the order stated..The Court was hearing a petition filed by the president of the ‘Temple Worshippers Society’ challenging a government order dated October 6, 2021 that paved the way for setting up of colleges using funds from temples..The petitioner, appearing in person, argued that the colleges were set up in violation of the 1959 Act and the Functioning of the Board of Trustees Rules framed thereunder. It was argued that the State government bypassed these rules as it established the colleges without appointing trustees. Further, such a proposal to set up educational institutions out of surplus temple funds could only come from the trustees to the Commissioner of the Hindu Religious and Charitable Endowments Deparment, and the Commissioner or the State Higher Education Department did not have the power to do so. The petitioner also pointed out that such funds can be diverted to set up an educational institution only if the curriculum includes a subject on the Hindu faith..Advocate-General R Shunmugasundaram argued that the move was permissible under Section 97 of the 1959 Act, under what is popularly referred to as the ‘common good’ fund. The AG further stated that while steps are being taken to fill the vacancies of trust members, in the absence of the same, a ‘fit person’ can be deemed to be allowed to discharge its duties. .The Court noted that even if the State's stance is taken to be true, the question arose as to whether the transfer of the funds by the temples to the common good fund was voluntary, given the circumstances. "With respect, the voluntary aspect of the transfer of funds is robbed if the transfer is at the behest of a fit person who is appointed by the Commissioner or at the behest of the government, since such person has to be seen to be under the control of the Commissioner or the government and, as a corollary, the transfer of the funds cannot be seen to be voluntary," the order stated. .The Court ultimately ruled that no new educational institutions established under Sections 36, 66 and 97 of the Act should be come up till trustees at the temples are put in place..The Bench directed that counter affidavits be filed by the respondents and that the petitioner should be forwarded the same, within three weeks. The petitioner will then have a week thereafter for any rejoinders, the Court stated, before listing the matter for further hearing on December 20, 2021. .[Read Order]