Hindu priest moves Kerala High Court challenging caste barrier for appointment to Melshanthi post at Sabarimala temple

A petition has been filed before the Kerala High Court challenging the caste requirement mandated by a notification issued by the Travancore Devaswom Board for the post of Melshanthi (High Preist) of the Sabarimala Temple. .The Travancore Devaswom Board, through a notification dated May 27, 2021, had called for applications to the post of Santhikkaran at Sabarimala Dharmasastha Temple and Malikappuram Temple, from among Malayala Brahmin community members alone..The petition filed by a priest in Kerala, through advocate BG Harindranath, challenged this notification on the ground that it is in total disregard to Supreme Court judgments on the point and Articles 14, 15, 16, 17 and 21 of the Constitution of India..It was submitted that the notification mentions several other qualifications that are necessary to apply for the post of Melshanthi at the two temples, such as age, physical fitness, skill level in Sanskrit, among others. The petitioner claimed that he meets all such requirements and since he has served as the Melshanthi at other temples, he also has ample experience in agama shastras (manual for worship, temple building and rituals)..However, the notification stipulates that applicants must belong to the Malayala Brahmin community to be eligible for the role which effectively excludes the petitioner and many like him. .The plea said that the appointment to the post of Melshanthi has been held to be a secular act and that it ought not to have been confined to one particular community especially in an institution administered by the Travancore Devaswom Board fully controlled by the Government of Kerala. .Reliance was placed on the judgement of the Supreme Court Seshammal v. State of Tamil Nadu wherein it was held that there is no law that appointment of Archaka (temple priest who performs poojas) is governed by the usage of hereditary succession and, therefore, the appointment should be regarded as secular. It was contended that appointment of priest in the Sabarimala and Malikappuram Temples cannot be exclusively reserved for any caste, be it Malayala Brahmin or otherwise, as it would be direct violation of Article 14..The petitioner also placed reliance on the Supreme Court decision in Adithayan v. Travancore Devaswom Board in which the Court had held that caste is no barrier for a person to become a priest in the temple administered by the Travancore Devaswom Board. .Further, it is argued that as long as the appointment is from among persons who are fully qualified and trained in their duties, irrespective of their caste, Articles 25 and 26 cannot be said to have been infringed. .In view of the above, the petitioner sought for a declaration from the court that all persons of Hindu religion, who satisfy all the other qualifications stipulated in the notification should be considered entitled to be apply for appointment as Melshanthi at the Sabarimala and Malikappuram temples

Hindu priest moves Kerala High Court challenging caste barrier for appointment to Melshanthi post at Sabarimala temple

Giti Pratap

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