Caste Shouldn't Be Bar In Selection Of Non-Hereditary Trustees Of Temples: Apex Court Says God Didn't Create Classification On Basis Of Caste

The Supreme Court has dismissed a Special Leave Petition (SLP) challenging the Kerala High Court's Judgment setting aside the appointment of nonhereditary trustees of Sree Vairamcode Bhagavathi Devaswom by the Malabar Devaswom Board. 

While declining to interfere with the Kerala High Court's decision, the Bench of Justice MM Sundresh and Justice Aravind Kumar clarified that the order would not impact the petitioner's eligibility for future appointments.

"We make it clear that the order passed in the impugned judgment will not have any bearing on the eligibility of the petitioner(s) for being considered for future appointments, as already noticed. The Special Leave Petition is, accordingly, dismissed," the Court ordered. 

Senior Advocate PV Dinesh appeared for the Petitioners, whose appointments were set aside by the High Court.

It was alleged in the Writ Petition that the office bearers of the ruling party and its affiliate organisation were appointed as non-hereditary trustees of the Temple by the Devaswom Board.

The Bench also addressed concerns raised by the petitioner's counsel regarding discrimination in the selection process. It emphasized that caste, race, religion, or language are human constructs, not divine classifications, and cannot serve as barriers to appointments.

The Court underscored that principles governing non-hereditary trustee selection must be strictly followed to ensure fairness and equality.

The Bench observed, "In the event of any selection of nonhereditary trustee, the caste of a person can never be a bar, and the principle governing the field in this regard will have to be strictly adhered to."

"We make it clear that God did not create the classification on the basis of race, religion, language, or caste, and the same are human constructs," the Bench said. Accordingly, the Court disposed of the SLP.  

Cause Title: Vinod Kumar M.P. and Ors. v. The Malabar Devaswom Board & Ors. [Special Leave to Appeal (C) No(s). 29188/2024]

Appearance:-

Petitioner: Senior Advocate PV Dinesh, Advocates Subhash Chandran K.R. (AOR). Krishna Lr, Anna Oommen,

Click here to read/download the Order