Illegal appointment in a state run temple
SK Sharma
(Querist) 25 August 2024
This query is : Resolved
Sir,
There is a state run temple in district Kangra of Himachal Pradesh. RTI revealed that a middle pass to the post of pujari has been appointed in the said government managed temple, whereas the essential qualification for appointment to the post of pujari is Shastri Pass (a degree in sanskrit). I complained to the temple administration several times with documentary evidence. The authorities are not taking any action and have advised me to approach the court.
I met a lawer who advised me that I am not the affected party, hence can't approach the court.
I have also been advised that a PIL cannot be filed by a third person.
My query is whether this appointment will remain continue, as the concerned authorities are not discharging their duty as per their constitutional obligations. Despite this, if I cannot approach the court then what kind of system and law is this :
Please suggest what can I do in this situation ?
kavksatyanarayana
(Expert) 25 August 2024
I think the government may appoint a priest (Pujari), a knowledgeable person in AGAMAS and RITUALS.
SK Sharma
(Querist) 25 August 2024
Sir, appointee does not fulfil the requisite qualification at the time of his initial appointment as pujari. Can I challenge the same in High court?
T. Kalaiselvan, Advocate
(Expert) 25 August 2024
In India, any citizen or organization can file a Public Interest Litigation (PIL) petition if they can prove that the petition is in the public interest and will benefit the public. This includes individuals, NGOs, social activists, or anyone acting on behalf of disadvantaged groups. The petition can be filed under Article 32 of the Constitution of India before the Supreme Court or under Article 226 before the High Courts.
You collect the details and approach a public interest lawyer or organization and proceed as suggested.
SK Sharma
(Querist) 26 August 2024
Thank you sir for valuable suggestion.
Sudhir Kumar, Advocate
(Expert) 26 August 2024
PIL can always be filed a third person who is not personaly interested in subject matter. The facts indicate that you are concerned.
You need to meet a lawyer with relevant papers. Repeating query will not help
SK Sharma
(Querist) 26 August 2024
Thank you sir. I belong to a hereditary pujari family in the temple. Now the temple is being managed by the Government. And the non-hereditary pujari appointed by the government/ administration does not fulfil the eligibility criteria. I think this is a gross misappropriation of temple funds. That's why I am opposing the appointment.
But the matter of facts is that I am not an affected party as the lawyer at Shimla advised me that only affected party can challenge the illegal appointment.
T. Kalaiselvan, Advocate
(Expert) 26 August 2024
If you are not affected by the decision of government then yo cannot challenge the decision directly instead you can represent your opinions before the high court with a PIL against the incorrect or unlawful things.
Sudhir Kumar, Advocate
(Expert) 29 August 2024
If you are a hereditary pujari and some denial of rights of your father as Pujari are being disturbed, then you are concerned as future successors of legacy.
Please check whether similar litigation arose in Naina Devi temple.
Is your father not willing to move case.
