D.V. MURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer in this writ petition is to issue a writ, order or direction in the nature of mandamus, directing the respondents to appoint the Stapathi degree holders from Mamallapuram Government College to the post meant for Assistant Engineer in every Zonal office of the Joint Commissioner and Assistant Commissioner or in the alternative, making provisions for appointing the said degree holders as Stapathis similar to the practice in Andhra Pradesh in each division, taking into consideration the number of temples in a particular division under the Hindu Religious and Charitable Endowment Department (for brevity, 'the HR&CE Dept').

(2.) The succintly stated facts are as under:

(3.) Mr.S.Prabhakaran, learned counsel for the petitioner contended that the HR&CE Dept deals with the maintenance and repair work associated with the temples. There are around 38,615 Hindu Religious and Jain Institutions under the control of the HR&CE Dept. Among them, around 8,450 temples are more than 100 years old, which also include more than 1,000 years old temples. The assistance of the Stapathis is required for construction/renovation/restoration work in the temples, which are under the HR&CE Dept. The Stapathis were selected from the panel of Stapathis approved by the Government. Initially, the qualification prescribed for the candidates to be included in the panel of Stapathis, was completion of 8 year degree course in Mamallapuram College along with an experience of 5 years. Subsequently, the qualifications prescribed were altered as per the notice dated 01.03.2007, which were unsuccessfully challenged in WP.Nos.11979 and 21551 of 2007. The above said notice specified two fold qualifications, which are vague and unspecific and it purported to treat on par an educationally qualified person with that of an uneducated/unqualified person.