N. ADITHAYAN versus THE TRAVANCORE DEVASWOM BOARD AND ORS.

N. ADITHAYAN versus THE TRAVANCORE DEVASWOM BOARD AND ORS.

In absence of a specific custom or usage to the contrary, and given constitutional provisions of equality and prohibition of caste discrimination, appointment of a properly trained and qualified non-Brahmin Santhikaran as temple priest does not violate constitutional or statutory provisions; customs contrary to constitutional mandate cannot be upheld.

Parties
Appellant: N. Adithayan; Respondents: The Travancore Devaswom Board and Ors.
Jurisdiction
India
Judgment Date
03 October 2002
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Full Bench Decision of Kerala High Court
Outcome
Appeal dismissed.
Legal Topics
Temple Priest Appointment, Religious Freedom, Equality Before Law, Custom and Usage, Caste Discrimination
Constitutional Law Religious Law Administrative Law Temple Priest Appointment Religious Freedom Equality Before Law Custom and Usage Caste Discrimination

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Parties

N. Adithayan

Appellant

The Travancore Devaswom Board and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Full Bench Decision of Kerala High Court

Legal Issues

  1. 1 Whether appointment of non-Brahmin as Santhikaran (priest) in Kerala temple is violative of constitutional and statutory rights of the appellant.
  2. 2 Whether custom or usage can require only Brahmins to be priests in a public Hindu temple in Kerala.

Ratio Decidendi

In absence of a specific custom or usage to the contrary, and given constitutional provisions of equality and prohibition of caste discrimination, appointment of a properly trained and qualified non-Brahmin Santhikaran as temple priest does not violate constitutional or statutory provisions; customs contrary to constitutional mandate cannot be upheld.

Court Disposition

Appeal dismissed.

Orders

  • No interference with the decision of the Kerala High Court Full Bench.
  • No costs.