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The Court was hearing a writ petition filed by TR Ramesh of Chennai challenging the Government Order issued by the Higher Education Department permitting setting up of colleges by HR&CE department.

The first bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu of the Madras High Court restrained the Tamil Nadu Hindu Religious and Charitable Endowment (HR&CE) from starting new colleges using surplus Temple funds in the State.

Further, the Court ordered that the four colleges for which admissions have been completed, should have a stream of religious instructions in Hindu religion. “If such a course is not introduced within a month of the college starting, the further functioning of the college cannot continue.” The Court stated that:

“It must be appreciated that however pious the intention may be to use perceived surplus funds for the purpose of education, these funds are out of offerings for a particular cause and, ordinarily, the cause must not be forgotten and the same must be espoused with a part of the funds, even though the larger sphere of education may also be addressed.”

The petitioner submitted that under Section 36 of the Act the surplus funds from out of the offerings made to a particular temple may be used for the purpose of setting up an educational institution, but such a proposal must come from the trustees to the Commissioner. However, the Commissioner or the Department does not have the authority to invoke Section 36 of the Act for the purpose of setting up any educational institution. The petitioner argued that it is the trustees alone who have control over the funds and properties of temples and in absence of such trustees such institutions can not be opened.

The petitioner further argued that while surplus funds may be used for setting up an educational institution, however, a prominent subject pertaining Hindu religion and in respect of the denomination or sect pertaining to the relevant temple, must be taught. He referred to Section 66 of the Act which allows the funds of a temple to be diverted for setting up educational institutions if the "purpose of a religious institution has from the beginning been, or has subsequently become, impossible of realisation."

Advocate general (AG) R Shanmugasundaram representing the State informed the court that four colleges were already established at Kolathur in Chennai, Tiruchengode in Namakkal, Oddanchatram in Dindigul and Vilathikulam in Thoothukudi and admission process is going on. Further that once a part of the temple fund is deposited with the common good funds under control of the commissioner of HR&CE, such funds could be utilised for starting educational institutions by the department.

Order

The bench restrained HR&CE department from starting any new colleges without appointing trustees for the particular temples and the consent of the court other than the four already set up.

The Court observed that the funds that may be voluntarily transferred by a particular temple to the ‘common good fund’ could not have rightfully taken place for a decade in the absence of trustees. “The voluntary aspect of the transfer of funds is robbed if the transfer is at the behest of a fit person who is appointed by the Commissioner or at the behest of the government, since such person has to be seen to be under the control of the  Commissioner or the government,” the Court observed.

The matter is next set n December 20, 2021.

Case Title: R. Ramesh v. The State Of Tamil Nadu And 2 Others.