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The Madras High Court as of late banished the setting up of schools out of excess assets from temples as far as the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, without the permission of the Court. The request passed at this point moved Chief Justice Sanjib Banerjee and Justice PD Audikesavalu further coordinated that four universities set up from these assets, for which confirmations are finished, should begin courses on the Hindu religion inside a month.
"It will be a condition point of reference to the four universities opening that a surge of strict directions in Hindu religion is presented. If such a course isn't presented within a month of the school beginning, the further working of the school can't proceed. It should be valued that notwithstanding how devout the aim might be to utilize seen excess assets with the end goal of instruction, these assets are out of contributions for a specific reason and, conventionally, the reason should not be neglected and the equivalent should be upheld with a piece of the assets, even though the bigger circle of training may likewise be tended to," the request expressed.
The Court was hearing an appeal recorded by the leader of the ‘Temple Worshippers Society' which challenged a government order dated October 6, 2021, that prepared for the setting up of universities utilizing assets from temples. The applicant, representing himself, contended that the schools were set up infringing upon the 1959 Act and the Working of the Board of Trustees Rules thus outlined. It was contended that the State government passed these principles as it set up the universities without selecting trustees. Further, such a proposition to set up educational organizations out of surplus funds of temples could just come from the trustees to the Commissioner of the Hindu Religious and Charitable Endowment Department, and the Chief or the State Higher education Division couldn't do as such.
The candidate likewise called attention to the fact that such assets can be redirected to set up an educative organization provided that the educational program remembers a subject for the Hindu religion. Advocate General R Shunmugasundaram contended that the move was admissible under Section 97 of the said 1959 Act, under what is prominently alluded to as the 'benefit of everyone' fund. The AG further expressed that while steps are being taken to fill the opportunities of trust individuals, without a trace of something similar, a 'fit individual' can be considered to be permitted to release its obligations.
The Court noticed that regardless of whether the State's position is taken to be valid, the inquiry emerged concerning whether the exchange of the assets by the temples to the ‘common good’ reserve was intentional, given the conditions. The Court at last decided that no new instructive organizations set up under Sections 36, 66 and 97 of the Act ought to become up till trustees at the temples are set up. The bench coordinated that counter oaths be documented by the respondents and that the petitioner ought to be sent something similar, within three weeks. The candidate will then, at that point, have seven days from there on for any replies, the Court expressed, before posting the matter for the next hearing on December 20, 2021.
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