Sreekanth T S vs The State Of Kerala
2023 Latest Caselaw 11396 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                        WP(C) NO. 37006 OF 2023
PETITIONER:

           SREEKANTH T S
           AGED 25 YEARS
           S/O SUBRAMANYA T.S., SANATHODICHAL HOUSE, P.O. BELA
           VILLAGE, BADIYADUKKA PANCHAYAT, KASARGOD, PIN - 671321.

           BY ADVS.
           K.R.RAJKUMAR
           JAGADEESH LAKSHMAN
           R.K.RAKESH
           NANDANA BABU T.
           SREELAKSHMI P.S.


RESPONDENTS:

     1     THE STATE OF KERALA
           REPRESENTED BY THE SECRETARY, DEVASWOM (REVENUE)
           DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001.

     2     THE SECRETARY, TRAVANCORE DEVASWOM BOARD
           NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM,
           KERALA, PIN - 695003.

     3     THE CHIEF COMMISSIONER
           TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,
           THIRUVANANTHAPURAM, KERALA, PIN - 695003.

     4     THE SECRETARY
           KERALA DEVASWOM RECRUITMENT BOARD, II FLOOR, DEVASWOM BOARD
           BUILDINGS, M G ROAD, OPP. GOVT. AYURVEDA COLLEGE,
           THIRUVANANTHAPURAM, PIN - 695001.

           SRI,VINOD KUMAR, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION         ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37006 OF 2023                   2

                                      JUDGMENT

The petitioner states that after completing his Higher Secondary

course, he has been studying Pooja Vidhi under the tutelage of Vaikom

Mahadeva Temple Thanthri, Shree Kizhakinedath Mekkad Narayanan

Namboothiri. He asserts that he is an aspirant qualified to apply for the

post of Part-time Santhi under the Travancore Devaswom Board.

According to the petitioner, he is well versed in Poojas and has been

conducting Poojas for the last five years.

2. The petitioner contends that Ext.P1 notification has been

issued calling applications from candidates to the post of Part-time Santhi

under the Travancore Devaswom Board. When the petitioner attempted

to apply for the said post online, he was prevented from completing the

application on the premise that he did not possess the requisite

qualifications. According to the petitioner, he has been issued with a

certificate by the 'Tanthri', and that certificate ought to have been

accepted by the respondents for processing his application to the post of

Part-time Shanti as an alternative to the prescribed qualification as has

been permitted earlier. He asserts that the qualification prescribed by the

respondents for applying to the post is against the customs and traditions

followed to date.

3. The petitioner states that the 'Akhila Kerala Thanthri Samajam'

took up the issue before the Travancore Devaswom Board, and in

pursuance to the same, Ext.P3 has been issued wherein it is stated that

the certificates issued by the 'Thanthris' could also be accepted. It is

submitted that the Special Rules, 2022, has been prepared without

consulting relevant stakeholders, and therefore, the same is

unconstitutional and liable to be set aside. It is on these assertions that

this writ petition is filed seeking the following reliefs:-

i) declare that the 2nd qualification prescribed in item 2 of [b] Temple Employees of Rule 6 [1] in Exhibit P4 the Travancore Devaswom Board Officers' and Servants' Service Rules, 2022 for the post of Part Time Santhi that "the certificates issued by the Thanthra Vidya Peetam and the accredited Thanthra Vidyalayas by the Travancore Devaswom Board or Kerala Devaswom Recruitment Board alone will be considered as qualification is liable to be declared as unconstitutional.

ii) to declare that the Certificate issued by the TDB recognized Thanthris in the matter of appointment to Part-Time Santhis is sufficient and equal to the certificates issued by the Thanthra Vidya Peetam and the accredited Thanthra Vidyalayas by the Travancore Devaswom Board or Kerala Devaswom Recruitment Board.

iii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondent 1,2 & 4 to make necessary amendment in proviso to Rule 6 (1)(b) of Travancore Devaswom Board Officers and Servants Service Rules, 2022 so as to rectify the deficiency and accordingly pass necessary orders and guidelines to accept the Certificate issued by the TDB recognized Thanthris in the matter of appointment to Part-Time Santhis.

iv) issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 2 and 4 to accept the Certificate issued by the recognized Thanthri to the petitioner so as he can apply to the post of Part Time Santhi in Travancore Devaswom Board.

v) issue a writ of mandamus or any other writ order or direction directing the 4th respondent to accept the application of the petitioner with the certificate issued by the Board Recognised Thanthri Vaikom Thanthri Kizhakinedath Mekkad Narayanan Namboothiri.

4. Since it is submitted by the learned counsel appearing for the

petitioner that the last date is due to expire on 9.11.2023, the writ

petition is taken up and disposed of with the consent of both sides.

5. The learned Standing Counsel would refer to the Travancore

Devaswom Board Officers and Servants Service Rules, 2022, and it is

submitted that the qualification prescribed for the post of Part-time

Shanti are (i) pass in SSLC or equivalent (ii) a certificate in Santhi course

from any Thanthric Vidyapeedoms or by such reputed institutions

approved by Travancore Devaswom Board (iii) one year experience in

Santhi profession. According to the learned counsel, as the Special

Rules, which are statutory in nature, have come into force, the

contention of the petitioner that the certificate issued by the 'Thantri' has

to be accepted cannot be countenanced. In so far as Ext.P3 is concerned,

the learned counsel submits that it is true that a decision was taken to

inform the recruitment Board as regards the request made by the 'Akhila

Kerala Thantri Samajam'. It is submitted that pursuant to the same, a

decision was taken by the Board, since the Special Rules prescribing

qualifications have come into force there is no need to pursue the said

cause, by communication dated 01.11.2023.

6. I have considered the submissions advanced and have gone

through the records.

7. I find that in so far as Part-time Shanthi is concerned, a

certificate in Shanthi Course from any Thanthric Vidyapeedoms or by

such reputed institutions approved by the Travancore Devaswom Board is

one of the necessary qualifications. The qualification under the Special

Rules, which are statutory, cannot be diluted on the strength of Ext. P3

or even by an executive order, as contended by the petitioner. Even

otherwise, the Board has decided to recall Ext. P3. As the petitioner does

not have the requisite qualification under the Special Rules, he is not

entitled to apply for the post of Part-Time Santhi. In that view of the

matter, no interference is warranted.

This writ petition will stand dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 37006/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTIFICATION NO.

97/R1/2023/KDRB DATED 11-10-2023 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE SCREENSHOT OF THE PETITIONER'S APPLICATION WHEN HE ATTEMPTED TO APPLY THROUGH THE OFFICIAL WEBSITE OF THE KDRB FOR THE POST OF PART TIME SANTHI CALLED AS PER THE EXHIBIT P1 DATED NIL.

Exhibit P3 THE TRUE COPY OF THE DECISION NO. ROC NO.

245/09/EST-1 OF THE 2ND RESPONDENT DATED 26-10-2023.

Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGES OF THE TRAVANCORE DEVASWOM BOARD OFFICERS AND SERVANTS SERVICE RULES, 2022 PUBLISHED IN KERALA GAZETTE DATED 01.04.2022.