Bhopal (Madhya Pradesh): High Court, principal bench of Jabalpur on Tuesday, issued notice to the Chief Secretary, Principal Secretary GAD, Ministry of Social Justice, Religious and Endowments Ministry and Public Works Department (PWD) and sought reply within four weeks asking why all castes of Hindu religion not given equal opportunity to be appointed Pujaris in state-governed religious places.
Anusuchit Jati-Jan Jati Adhikari Karamchari Sanghi(AJJAKS) filed a PIL challenging the constitutionality of the orders dated October 4, 2018 and February 4, 2019 by the Department of Spirituality, Bhopal, Government of Madhya Pradesh and Madhya Pradesh Specified Temple Bill 2019. Division bench of Chief Justice Suresh Kumar Kait and Vivek Jain passed the order.
Senior advocates Rameshwar Singh Thakur and Pushpendra Shah who appeared on behalf of the petitioner, told the court that under Section 46 of Specified Temple Bill 2019, Madhya Pradesh government has notified more than 350 temples including famous temples of Madhya Pradesh and subordinate temples, buildings and other structures in Schedule-I and the notified temples have been kept under state control by Madhya Pradesh government.
In which the state government's Department of Spirituality has made a policy/law on February 4, 2019 related to the appointment of Pujaris, under which only a particular caste has been appointed to the post of priest and a provision has also been made to pay the appointed priest a fixed salary from the treasury.
They said that all the above provisions are inconsistent with Articles 14, 15, 16 and 21 of the Indian Constitution, which are voidable. The advocate also told the court that Hindu community also includes OBC/SC/ST classes, hence appointing a person from only one caste of the Hindu community as Pujaris is not justified according to the Constitution.
Deputy Advocate General Abhijeet Awasthi raised questions on maintainability of the said PIL that the petitioner AJJAKS is an organisation of employees which has no legal right to file the petition.
