N SRINIVASAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are questioning the order of appointment of Sri N. Shashishekar Dixit (hereinafter called as 'contesting Respondent'), dated 6.5.2006 as 'Agamika' of Sri Chamundeswari Temple, Chamundi Hills, Mysore. They have also sought for quashing the Official Memorandum 29.10.2007 issued by the second Respondent whereby the appointment of the contesting Respondent is modified by declaring that he is appointed as Agamika-cum-Archaka of the said temple Petitioner in WP. No. 2140/2008 is serving as Jois, whereas Petitioners in WP. No. 484/ 2007 are serving as Sannidhi Paricharakas. The contesting Respondent is arrayed as Respondent No. 5 and Respondent No. 6 in WP. No. 2 140/2008 and WP. No. 484/2007 respectively.

(2.) Sri Chamundeswari Temple, Chamundi Hills, Mysore, is a Muzrai Institution as notified by the Mysore Hindu Religious Institutions and Charitable Endowments Act, 1927 (for short hereinafter referred to as the 'Act of 1927') and continues to be recognized so under the Karnataka Hindu Religious and Charitable Endowments Act, 1997 (for short hereinafter referred to as the 'Act of 1997'). In the temple, there are different categories of temple servants, who provide services, including Agamika, Archaka, Jois, Sannidhi Paricharaka, etc. Each servant of the temple has been assigned certain roles as per Annexure-W (in WP. No. 484/2007). According to the Petitioners, each category of the temple servants will have to perform definite role entrusted to such servants, except for certain extraordinary circumstances. In other words, the Petitioners contend that generally there will not be overlapping of duties between the different categories of servants. But in extraordinary circumstances such duties overlap.

(3.) The main grievance of the Petitioners is that the appointment of the contesting Respondent as 'Agamika' subsequently as Agamika-cum-Archaka is illegal, inasmuch as such appointment is made without following due procedure laid down under the provisions of the Act of 1997 and the Karnataka Hindu Religious and Charitable Endowments Rules, 2002 (for short hereinafter referred to as the 'Rules').