B S ANANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners claim to perform duties of Archaks in different temples, concerned with the protection of respective agamas, tradition, sampradaya as also hindutva, archakship and its religious sacrosanct and sentimental values. Petitioners state that they are not Pandits in vedas but are in the habit of visiting temples frequently to attend poojas, homas, etc., and in that process, having learnt to chant vedas, hymns, participate in other religious offerings like yagnas, homas, poojas, etc. It is the allegation of the petitioners that social values and faith in the youth of the present generation are eroded due to the influence of western culture necessitating the preservation of sanctity and sincerity in the performance of religious rights and duties. Petitioners claim that for an ordinary Hindu, they are the only messengers to God so as to reach God and seek His blessings. It is further stated that the State of Karnataka formed a Samithi named "Karnataka State Agama Shikshana and Pareeksha Salaha Samithi" to ensure proper education and training to incumbents to become good disciplined purohits. It is stated that the Karnataka Government framed Rules/Regulations which the said committee was required to abide in the matter of imparting education in Sanskrit and Agama Shikshana. According to the petitioners, the Karnataka Hindu Religious and Charitable Endowments Act, 1997 (for short 'Act'), prescribes that for a person to qualify to be an archak or an agamika, will have to undergo the courses namely 'Pravara' and 'Praveena' and pass the prescribed examinations conducted by the 3rd respondent.

(2.) It is the allegation of the petitioner that many Colleges impart education in this field, in and around Bangalore, and all over Karnataka, without there being a control on the system of education i.e., syllabus, curriculum, practicals, pre-requisite qualification, etc. It is stated that the Government though framed Rules in the matter of imparting education in Sanskrit for the courses namely 'pravara' and 'praveena' and the conduct of the examination controlled by a Salaha Samithi, nevertheless did not frame Rules relating to appointment of members to the said Samithi. The members of the Committee were hand picked, chosen by the State, without prescribing qualification, to represent various segments of Hindutva, the State appointed a retired IAS Officer as the Chairman of the said committee, whence Petitioners 3 to 6 filed W.P. No. 20665/1999 which when treated as a PIL, a Division Bench of this Court, by order dated 8.7.2002 Annexure-"A". observed that the Government would comply with the Rules in future, and dismissed the petition.

(3.) Petitioners assert that the State Government did not comply with the undertaking in the PIL to frame Rules relating to constitution, appointment and selection of members of the "Agama Shikshana and Pariksha Salaha Samithi" and disbanned the Samithi constituted earlier. Petitioners further allege that this led to a chaotic situation, by which the studies in agama, archakship and thantrasara agama became an empty formality, leading to filing W.P. No. 44796/2003, whence a learned Single Judge of this Court, by order dated 3.2.2006 Annexure-"B", directed the State represented by its Secretary, Revenue Department (Muzrai) and the Commissioner for Religious and Charitable Endowment, to pursue with the Law Department, the pending draft Rules and ensure framing necessary rules, regulations and syllabus for 'Pravara' and 'Praveena' courses duly prescribing the eligibility criteria for admission to such courses etc., by taking into consideration the grievance of the petitioners.