Court Dismisses Appeals, Reinforces Non-Inheritable Nature of Pujari Appointments
In a significant ruling, the Madhya Pradesh High Court dismissed the writ appeals filed by Virendra Kumar Sharma and others, challenging the appointment process of a Pujari to the Vankhandeshwar Mahadev Mandir, emphasizing adherence to legal procedures and guidelines issued by the State Government. The Division Bench, comprising Justice G.S. Ahluwalia and Justice Anuradha Shukla, reinforced the notion that appointments to religious posts under State management are neither inheritable nor perpetual.
The appellants, Virendra Kumar Sharma and Rajkumar Sharma, sought to overturn previous decisions and maintain their positions based on historical appointments following the deaths of their predecessors. However, the court clarified that appointments must comply with the guidelines defined in the State Government's order dated 04/02/2019, and reiterated the necessity for a neutral and transparent inquiry to ascertain eligibility and suitability for the post.
The judgment highlights the procedural lapses in the earlier appointments and the repeated failure to conduct impartial inquiries despite clear judicial directions. The court emphasized that non-compliance with judicial directions undermines the rule of law and compromises the integrity of administrative actions. It further observed that original records' unavailability does not justify bypassing prescribed legal procedures, emphasizing the importance of fairness in appointments.
The long-standing dispute saw multiple rounds of litigation, with various orders challenged and reviewed over the years. The High Court's decision marks a definitive step towards ensuring that appointments to religious positions under State management adhere strictly to legal protocols, setting a precedent for future cases involving similar disputes.
The judgment underscores the court's commitment to maintaining the integrity of religious institutions' administration and ensuring that appointments are based on merit rather than inheritance or prolonged occupation.
Bottom line:-
The appointment of a Pujari to a temple under the management of the State Government is not inheritable or perpetual. Such appointments must be made following legal procedures and the guidelines issued by the State Government.
Statutory provision(s): Order of Ministry of Adhyatam (Spiritual) Department, Vallabh Bhawan, State of Madhya Pradesh dated 04/02/2019, Madhya Pradesh State Government guidelines, Legal procedure for appointment.
Virendra Kumar Sharma v. Anurag Mishra, (Madhya Pradesh)(DB)(Gwalior) : Law Finder Doc id # 2941340
