Kerala High Court
P.Easwaran Namboothiri vs Travancore Devaswom Board on 13 September, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
W.P.(C)No.30184 OF 2024
2024:KER:70409
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
W.P.(C)NO.30184 OF 2024
PETITIONER:
P. EASWARAN NAMBOOTHIRI
AGED 48 YEARS
S/O PARAMESWARAN NAMBOOTHIRI, RESIDING AT VELLIYOTT
ILLAM, ASHTAPADI, PAZHAVEEDU P.O., KALARCODE,
ALAPPUZHA, PIN - 688009
BY ADVS.
S.SUJINI
POOJA VENKAT
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
KOWDIAR, DEVASAM BOARD JUNCTION, NANTHANCODU,
THIRUVANANTHAPURAM, KERALA, REPRESENTED BY SECRETARY,
PIN - 695003
2 ASSISTANT DEVASWOM COMMISSIONER
OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, ULOOR,
THIRUVANANTHAPURAM, PIN - 695011
3 SECRETARY
TRAVANCORE DEVASWOM BOARD, KOWDIAR, DEVASWOM BOARD
JUNCTION, NANTHANCODU, THIRUVANANTHAPURAM, PIN -
695003
W.P.(C)No.30184 OF 2024
2024:KER:70409
2
4 ASSISTANT DEVASWOM COMMISSIONER
OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, ULOOR,
THIRUVANANTHAPURAM, PIN - 695011
BY ADV G.BIJU
OTHER PRESENT:
SRI G. BIJU, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.30184 OF 2024
2024:KER:70409
3
JUDGMENT
Anil K. Narendran, J.
The petitioner, who submitted an application pursuant to
Ext.P2 notification issued by the Devaswom Commissioner,
Travancore Devaswom Board, for the selection of Melsanthies of
Sabarimala and Malikappuram Devaswoms for the year 1200ME
(2024), has filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus commanding
respondents 1 to 3 to reconsider the application made by the
petitioner for the selection of Melsanthi of Sabarimala Devaswom;
a writ of mandamus commanding the respondents 1 to 3 to accept
the application made by the petitioner so as to make him eligible
to participate in the interview and the draw of lots; a declaration
that the working as a part-time Santhi is not a disqualification
while considering the petitioner's qualification for the selection of
Melsanthi in Sabarimala Devaswom; and a writ of certiorari to
quash Ext.P18 communication dated 31.07.2024 issued by the 3rd
respondent Secretary, Travancore Devaswom Board, whereby the
application made by the petitioner stands rejected on the ground
W.P.(C)No.30184 OF 2024
2024:KER:70409
that the experience certificate produced along with the application
is not in the manner prescribed in Ext.P2 notification and that the
petitioner could not cure the defect in the application even after
the receipt of Ext.P16 communication dated 12.07.2024.
2. On 03.09.2024, when this writ petition came up for
consideration, the learned Standing Counsel for Travancore
Devaswom Board has made available for the perusal of this Court
a copy of the application dated 24.06.2024 made by the petitioner
for selection as Melsanthi of Sabarimala Devaswom for the year
1200ME.
3. On behalf of the 1st respondent Board, a counter
affidavit dated 10.09.2024 is placed on record, producing
therewith Exts.R1(a) to R1(b) documents, opposing the reliefs
sought for in the writ petition.
4. Heard the learned counsel for the petitioner and the
learned Standing Counsel for Travancore Devaswom Board for the
respondents.
5. The issue that requires consideration in this writ
petition is as to whether any interference is warranted on Ext.P18
W.P.(C)No.30184 OF 2024
2024:KER:70409
communication dated 31.07.2024, issued by the 3rd respondent-
Secretary, Travancore Devaswom Boad, whereby the application
made by the petitioner pursuant to Ext.P2 notification for
selection as Melsanthi of Sabarimala Devaswom stands rejected
for the reason that the experience certificate produced along with
that application is not in the manner prescribed in Ext.P2
notification and that the petitioner could not cure the defect in the
application even after the receipt of Ext.P16 communication dated
12.07.2024.
6. Sabarimala Sree Dharma Sastha Temple, which is
situated inside Periyar Tiger Reserve, is a prominent pilgrim
centre in Kerala, where lakhs of devotees trek the rugged terrains
of Western Ghats to have darsan of Lord Ayyappa. Sabarimala
Sree Dharma Sastha Temple and Malikappuram Temple come
under the Travancore Devaswom Board. By reason of the custom
and tradition, Melsanthies of the Temples are selected every year.
The tenure of the Melsanthies is for one year from the 1st of
Vrischikam to the 31st of Thulam next year.
7. In Mohandas Embranthiri v. Travancore
W.P.(C)No.30184 OF 2024
2024:KER:70409
Devaswom Board [2001 (1) KLT 203], in the context of
selection of Melsanthi of Sabarimala Sree Dharma Sastha Temple,
a Division Bench of this Court held that the Travancore Devaswom
Board, being a State under Article 12 of the Constitution of India,
cannot choose any person as Melsanthi without any guidelines.
For every year, the choosing of Melsanthi has to be done only after
proper selection. The Division Bench noticed that the notification
issued by the Travancore Devaswom Board inviting applications
for the selection of Melsanthi of Sabarimala Sree Dharma Sastha
Temple, for one year from the 1st of Vrischikam to 31st Thulam,
1176, mentions the basic qualifications necessary for being
selected and that, those who have got basic qualifications will be
interviewed by the Committee, which will include the Thantri. On
the basis of the interview, a short list will be prepared. The
selection will be made from the candidates included in the short
list on the basis of lot in front of the sanctum sanctorum. The
Interview Board should consist of persons, who have knowledge
of the subject on which questions are put. The Division Bench
noticed that the purpose of the interview is to get the best person
W.P.(C)No.30184 OF 2024
2024:KER:70409
for appointment as Melsanthi at Sabarimala Temple. The
knowledge of the candidates in the three topics should be
assessed, which can be done with the experts in the field.
8. A Division Bench of this Court by order dated
09.04.2010 in D.B.P.No.50 of 2009 has issued various directions
in the matter of selection of Melsanthies in Sabarimala and
Malikappuram Temples. The directions contained in paragraph 15
of the order dated 09.04.2010 in D.B.P No.50 of 2009 read thus:
i) Clause 3 of the guidelines will be as follows: The applicant
should be a person having service as Santhi for a continuous
period of 10 years out of a total period of 12 years in a Temple
which open twice daily and having three poojas and where public
is having right to worship. Any temporary absence due to various
reasons like the period spent on religious obsequies due to death
of any of the members of the family or for other similar reasons;
temporary gap in service due to the time take for joining the post
of Melsanthi after relief from one Temple either due to transfer or
due to fresh appointment, should not be treated as
discontinuance, for counting the continuous period. In Temples
where two Melsanthies are functioning on alternate basis, the
period during which one may have to function as Keezhsanthi, will
also be taken for counting the 10 year period.
ii) There need not be any change in the formation of the Selection
Committee and a former Melsanthi of Sabarimala Temple will be
included as ordered in our order dated 24.06.2009;
W.P.(C)No.30184 OF 2024
2024:KER:70409
iii) All candidates who have secured 60% and above marks in the
interview, will be included as a panel for the purpose of taking lot;
iv) Applications will be called for on or before 1st of July fixing the
last date for receipt of applications as 15th July. After conducting
the Vigilance enquiry, the list of eligible candidates for interview
will be published on or before 15th of August. Objections before
the Devaswom Board by the aggrieved persons will be submitted
within 15 days. The Devaswom Board will act as an appellate
authority over the report of the Vigilance enquiry and the Board
will take a decision on or before 15th of September. Interview will
be conducted in the first week of October;
v) The list of candidates to be included in the panel will be finalised
and published on the closing day of the interview and the selection
papers will be kept in the safe custody of the Devaswom
commissioner;
vi) With regard to the drawing of lot, the present procedure will
continue; and
vii) The academic qualification will be as in the existing guidelines,
i.e., pass in SSLC. The existing guidelines will thus be modified
and the guidelines as revised will be adopted for the selection of
Melsanthies in the two Temples will appropriate rules are framed
by the Board.
9. The issue relating to the procedure for selection of
Melsanthies of Sabarimala Sree Dharma Sastha Temple and
Malikappuram Temple went up to the Apex Court. When a
challenge was made against earlier orders issued by this Court,
the Apex Court by the order dated 15.11.2010 in Civil Appeal
W.P.(C)No.30184 OF 2024
2024:KER:70409
No.2570-71 of 2003 referred the matter for mediation. The 'Terms
of Settlement' arrived at between the parties were placed on
record along with the report of the Mediator. The said 'Terms of
Settlement' fundamentally related to composition of the selection
committee for interviewing and awarding marks for selecting
Melsanthies of Sabarimala Sree Dharma Sastha Temple and
Malikappuram Temple. By the order dated 06.09.2011, the Apex
Court disposed of Civil Appeal No.2570-71 of 2003 in terms of the
'Terms of Settlement' arrived at between the parties. The said
'Terms of Settlement' read thus;
"Terms of Settlement:-
1) The composition of the Selection Committee (for interviewing
and awarding marks for selecting "Melsanthi" for both Sabarimala
and Malikappuram temples) was one of the seriously contested
issues. All parties, after detailed discussions, agreed to have the
Selection Committee to consist of the following persons:
A. i) President of TDB.
ii) The Member of TDB.
iii) The remaining Member of TDB.
iv) The Commissioner of TDB.
B. i) The Senior Thantri of "Thazhamon Illam/Madom".
ii) The Junior Thantri of "Thazhamon Illam/Madom"
C. The "Outside Thantri" selected in the process indicated in Clause
(a) of Para.2 below:
W.P.(C)No.30184 OF 2024
2024:KER:70409
2) The following modalities have been agreed upon by all as to
the formation of the Selection Committee:
a. The Thazhamon Illam (hereinafter referred to as "the Illam" for
short) will send up names of three persons whom they consider
eminent Thantries to TDB. Keeping those names in serious
consideration, TDB will draw up a list of ten persons who are
eminent Thanthries. That list will be forwarded to the Senior Raja
of Pandalam Royal family (hereinafter referred to as "Senior
Raja"). The latter will choose five names from the said list and
forward such names to the Illam. The Senior Thantri of the Illam
will choose one of them and communicate the same to TDB.
Thereupon, proceedings will be drawn up by TDB appointing the
chosen person as the "Outside Thantri" to be on the selection
panel. TDB will notify the same. This panel will be valid for one
year. But the same procedure will be adopted for composition of
the Selection Committee thereafter also year after year, unless
there is statutory intervention.
b. It is made clear that if Illam is not sending up the names to
TDB within one week of receipt of a requisition for that purpose
made by TDB, it is open to TDB to prepare the panel of names
and send it to the Senior Raja. Similarly, if Senior Raja is not
sending the names chosen by him to the Illam, within one week
of receipt of the panel from TDB, it is open to TDB to request
Thazhamon Illam to choose one name from the original panel
prepared by TDB.
c. If the Illam is not selecting one person from the panel sent by
the Senior Raja (or by TDB as the case may be) within a
reasonable period, it is open to TDB to choose one from the panel
already formulated by them and notify him as the "Outside
Thantri" to be on the Selection Committee.
W.P.(C)No.30184 OF 2024
2024:KER:70409
The above is only for composition of the Selection Committee. The
next task is to select the "Melsanthies".
d. TDB will make the names of all the applicants available on their
web site, so that it is open to the Senior Raja to find out whether
there is any blemish for any of the applicants and communicate
that fact to TDB and or to the Senior Thantri, well ahead of
commencement of the selection process.
e. Next is the preparation of a list of selected candidates after
holding the interview of the applicants by the members of the
Selection Committee. While interviewing candidates for
"Melsanthies" the members of the Selection Committee can award
a total of 90 marks. Out of the 90 marks, 30 marks are set apart
for the President, Members and Commissioner of TDB for putting
such questions as are deemed necessary for eliciting general
knowledge of each candidate and to test his personality. The
remaining 60 marks are set apart for putting questions to elicit
candidates' knowledge in Sanskrit, poojas, rites, Tantric Rituals
and other religious matters. Questions in this regard shall be put
by the remaining Members of the Selecting Committee formulated
above. Out of the 60 marks thus set apart for eliciting the
candidates' knowledge in Sanskrit, poojas, etc. the Unit
comprising of the Senior Thantri and Junior Thantri of Thazhamon
Illam/Madom together can award marks up to 30. The other Unit
(the "Outside Thantri") can award marks up to 30.
f. After the Selection Committee finalises the list of selected
candidates for both Sabarimala and Malikappuram the final choice
will be made by draw of lot. The Senior Raja agreed to depute a
male child (not above the age of ten) for Sabarimala and a female
child (not above the age of ten) for Malikappuram for the purpose
of drawing the lot. If male/female child for the above purpose is
W.P.(C)No.30184 OF 2024
2024:KER:70409
not deputed by the Senior Raja within a reasonable period, it is
open to TDB to arrange for draw of lot in such manner as they
deem fit.
3) All parties agreed that the appeals can be disposed of in terms
of the above settlement."
10. In Krishnan Namboothiri S. v. Travancore
Devaswom Board and others [2015 (5) KHC 829], in the
context of selection of Melsanthies of Sabarimala Sree Dharma
Sastha Temple and Malikappuram Temple, a Division Bench of this
Court held that, selection to the post of Melsanthi cannot be
treated as a selection merely for public employment and the
canvas in which grounds relating to Articles 14, 16, etc., of the
Constitution of India would be etched, will not necessarily be
carried, as a whole, into such matters. The scheme of the
settlement and purpose of the selection to provide Melsanthies of
Sabarimala Sannidhanam and Malikappuram temples have to be
borne in mind and cohesively treated while assimilating and
applying the terms of the settlement. The Division Bench, though
declined interference with the selection process, indicated before
parting with the case that once the terms of mediation settlement
came to be in operation, the guarantee to the pilgrims, believers,
W.P.(C)No.30184 OF 2024
2024:KER:70409
worshippers and faithful followers is that the selection process
once carried through the system of the terms of that settlement
will give them two persons who will occupy the adorable status of
being the Melsanthies of Sabarimala Sannidhanam and
Malikappuram temples. When such seeds of faith are intricately
connected with religion, judicial review is impermissible to
embark upon and consider any rival claims in the manner as is
sought to be raised in the writ petitions. This is all the more so
when no breach of the Constitution of India is demonstrated.
11. In Rajesh J. Potty v. Travancore Devaswom
Board [2018 (5) KHC 220] a Division Bench of this Court was
dealing with a case which was filed by an applicant who applied
to take part in the selection process leading to the appointment
of Melsanthi at Sabarimala Temple. In the writ petition, it was
alleged that, the petitioner is incapacitated from taking part in the
process because, as per Ext.P1 notification issued by the
Travancore Devaswom Board, only a Santhi (Priest) who has had
12 years' experience, out of which, 10 years being spent
continuously serving as a Melsanthi (Head Priest) of a temple
W.P.(C)No.30184 OF 2024
2024:KER:70409
would alone obtain eligibility for being selected as the Melsanthi
of Sabarimala Temple. In the writ petition it was contended that
the above stipulation mandating continuous 10 years' service as
Melsanthi amounts to an illegal classification among the Santhies,
since it has no rationale nexus to the objective sought to be
achieved by such classification. The petitioner pointed out that till
2016, there was no such stipulation in the notifications, as
evidenced by Ext.P9 notification for the year 2013 and Ext.P10
notification for the year
12. In Rajesh J. Potty [2018 (5) KHC 220] the Division
Bench noticed that Ext.P1 notification does not provide that every
Santhi who has put in 12 years' service is automatically eligible;
but it additionally prescribes a condition that such Santhis should
also have served as a Melsanthi in a temple for a continuous
period of 10 years out of this, for being rendered eligible to be
appointed as the Melsanthi of Sabarimala Temple. Such
prescriptive conditions to determine eligibility of a person can, by
no stretch of imagination, be seen as a sub- classification; but the
12 years continuous service as a Melsanthi in any other temple is
W.P.(C)No.30184 OF 2024
2024:KER:70409
only a qualificational condition precedent and the fixing of such a
period is intended to narrow the field of choice to the most
experienced in terms of years. This becomes all the more relevant
because, going by the notification, a person who becomes the
Melsanthi in Sabarimala can apply again only after a period of 10
years. These are the prescriptions stipulated in the notification,
not to discriminate among persons; but solely to ensure that only
a person with the stature and experience behooving the sanctity
and divinity of Sabarimala, which is one of the most or perhaps
the most prominent temples in the country, is identified and
appointed. Before the Division Bench, it was argued by the
learned counsel for the petitioner that Chapter 5 of the Travancore
Devaswom Manual published by the Board in the year 2011 treats
'Santhikkars' as a single class and that the provisions of a
Melsanthi therein are only with respect to the volume and nature
of work in a particular temple. Manual does not speak specifically
about the difference between Melsanthis and other Santhis, but
only that Melsanthis and Keezhsanthis are appointed in temples
where there is a requirement of more than one Santhi. Before the
W.P.(C)No.30184 OF 2024
2024:KER:70409
Division Bench, it was argued by the learned Standing Counsel for
Travancore Devaswom Board that the prescription in Ext.P1
notification is in the nature of specified qualifications for the
Sabarimala Temple alone and that these prescriptions are at
variance with those for other temples, since Sabarimala is not an
ordinary temple, which has its own singular characteristics, which
would require the best and the most experienced Santhi to be
appointed as the Melsanthi. The Board, therefore, in the year
2016, thought it fit to enumerate certain adscititious conditions to
identify the best candidate, by stipulating that only a person, who
has 12 years' experience as a Santhi, out of which 10 years being
continuously served as a Melsanthi of another temple, would
obtain eligibility for being included in the field of choice for
appointment as the Melsanthi of Sabarimala. Even when all these
stipulations regarding qualification are obtained to a person, he
only comes within the field of choice and he does not get any
vested right to be appointed, since such appointment is based on
a further selection in the manner as has been postulated by the
Apex Court in its judgment in Civil Appeal Nos.2570-71 of 2003.
W.P.(C)No.30184 OF 2024
2024:KER:70409
13. In Rajesh J. Potty [2018 (5) KHC 220], on
consideration of the aforesaid contentions on the prescription of
the qualifications mentioned in Ext.P1 notification, the Division
Bench found that the attempt of the Travancore Devaswom Board
should always be to find the best among the Santhis, so that he
will be able to perform as a Purappedasanthi of Sabarimala
Temple for a continuous period of one year. His devotion, his
competence, his experience and his devoutness are all
imperatively relevant criteria, which will require to be specifically
and pointedly examined and assessed by the competent
authorities; and in order to find the person most suitable for the
post, the prescription that he should have served as a Melsanthi
for a continuous period of 10 years in the 12 year period of
experience as a Santhi cannot be found to be perverse in any
manner.
14. As already noticed, the qualification prescribed for
selection as Melsanthi is that the applicant should be a person
having service as Melsanthi for a continuous period of 10 years
out of a total period of 12 years in a temple which opens twice
W.P.(C)No.30184 OF 2024
2024:KER:70409
daily and having three poojas and where public is having right to
worship. In Suo motu v. Travancore Devaswom Board and
another [2021:KER:44092] - order dated 08.11.2021 in SSCR
No.5 of 2021 - this Court found that the Travancore Devaswom
Board shall prescribe a format for the certificate that has to be
enclosed along with the application for selection of Melsanthies of
Sabarimala Sree Dharma Sastha Temple and Malikappuram
Temple showing the required experience of the candidate in a
temple which opens twice daily and having three poojas and
where public is having right to worship, specifying the competent
authority who has to issue such certificate in respect of the
temples under the management of Travancore Devaswom Board
and in respect of temples other than those under the
management of the Board, where public is having right to
worship. By that order, the Board was directed to take a decision
in that regard, as expeditiously as possible, at any rate, within a
period of four months from the date of the said order, which was
directed to be placed before this Court for approval.
15. Based on the aforesaid order in SSCR No.5 of 2021,
W.P.(C)No.30184 OF 2024
2024:KER:70409
the Travancore Devaswom Board filed DBA No.5 of 2022 seeking
approval for the format of the certificate that has to be enclosed
along with the application for selection of Melsanthies of
Sabarimala and Malikappuram Devaswoms, showing the required
experience of the candidates. That DBA was disposed of by the
order dated 04.07.2022 - Travancore Devaswom Board v.
Deputy Examiner for Local Fund Audit and another
[2022:KER:33564] - granting approval to the format of
experience certificate (Annexure A1). In that order it was made
clear that the Board shall not permit any candidate to substitute
the experience certificate enclosed along with the application,
which shall be specified in the format of the experience certificate
and also in the notification. Paragraph 18 and also the last
paragraph of the order dated 04.07.2022 read thus;
"18. Having perused Annexure A1 format of the experience
certificate that has to be enclosed along with the application
for selection of Melsanthies of Sabarimala Sree Dharma
Sastha Temple and Malikappuram Temple, showing the
required experience of the candidates, we find that, in
Clause (4) of the format (above the column) the required
qualification has to be specified, i.e., the applicant should
W.P.(C)No.30184 OF 2024
2024:KER:70409
be a person having service as Melsanthi for a continuous
period of 10 years out of a total period of 12 years in a
temple which opens twice daily and having three poojas and
where public is having right to worship. In addition to this,
the experience certificate shall bear the full name,
designation and address along with the office seal of the
officer/authority issuing such certificate and also the date.
The Board shall not permit any candidate to substitute the
experience certificate enclosed along with the application,
which shall be specified in the format of the experience
certificate and also in the notification.
Subject to the aforesaid modification, we grant approval to
(Annexure A1) format of experience certificate that has to
be enclosed along with the application for selection of
Melsanthies of Sabarimala Sree Dharma Sastha Temple and
Malikappuram Temple, showing the required experience of
the candidates."
16. For the selection as Melsanthies in Sabarimala and
Malikappuram Devaswoms for the year 1200ME (2024), the
Devaswom Commissioner issued Ext.P2 notification. A
notification dated 06.06.2024 was published in all editions of
Mathrubhoomi and Malayala Manorama dailies on 06.06.2024,
which was also published in the official website of the Travancore
Devaswom Board on 05.06.2024. In Ext.P2 notification, it is
W.P.(C)No.30184 OF 2024
2024:KER:70409
specified that the filled applications along with attested copy of
the certificates have to be received in the office of the Devaswom
Commissioner on 25.06.2024, before 5.00 p.m. In terms of
Ext.P2 notification, the application for selection as Melsanthies of
Sabarimala and Malikappuram Devaswoms should accompany an
experience certificate in the prescribed format, along with other
certificates.
17. In Travancore Devaswom Board v. Deputy
Examiner for Local Fund Audit and another [2022:KER:
33564], while granting approval to the format of experience
certificate, this Court has made it clear that the Travancore
Devaswom Board shall not permit any candidate to substitute the
experience certificate enclosed along with the application, which
shall be specified in the format of the experience certificate and
also in the notification. From the stand taken in the counter
affidavit filed by the 1st respondent, we notice that the petitioner
was granted time up to 19.07.2024 to produce experience
certificate in the prescribed format. It is an admitted fact that the
petitioner failed to submit an experience certificate in the
W.P.(C)No.30184 OF 2024
2024:KER:70409
prescribed format, along with the Ext.R1(a) application dated
24.06.2024. A copy of the experience certificate dated
22.06.2024 issued by the Assistant Devaswom Commissioner,
Ambalappuzha Group, enclosed along with Ext.R1(a) application
made by the petitioner is available at page No.9 of the counter
affidavit filed by the 1st respondent. Another experience certificate
dated nil, submitted along with Ext.R1(b) covering letter dated
19.07.2024, on receipt of Ext.P16 intimation dated 12.07.2024,
available at page No.23 of the counter affidavit filed by the 1st
respondent. The very same certificate is marked as Ext.P17 in the
writ petition.
18. Ext.P17 experience certificate is in respect of Varanad
Devi Kshetram, Cherthala, Sree Vallabha Maha Kshetram,
Thiruvalla, Attukal Bhagavathy Kshetram, Thiruvananthapuram
and Pattukulam Sree Rajarajeswari Mahadevi Kshetram,
Alappuzha. It is one issued by the Secretary of Pattukulam Sree
Rajarajeswari Maha Kshetram, Alappuzha, which is a private
temple, who has even certified the experience of the petitioner in
Sree Valabha Maha Kshetram, Thiruvalla, which is a temple under
W.P.(C)No.30184 OF 2024
2024:KER:70409
the management of the Travancore Devaswom Board and Attukal
Bhagavathi Kshetram, Thiruvananthapuram, which is under the
management of a Trust. When the experience certificate produced
by the petitioner along with Ext.R1(a) application is not in the
prescribed format in terms of Ext.P2 notification, the Travancore
Devaswom Board ought to have rejected that application, instead
of granting an opportunity to the applicant to cure that defect by
submitting another experience certificate. Such a course adopted
by the Board is in violation of the directions contained in the order
of this Court dated 04.07.2022 in DBA No.5 of 2022 - Travancore
Devaswom Board v. Deputy Examiner for Local Fund Audit
and another [2022:KER:33564].
19. One of the reliefs sought for in this writ petition is a
declaration that working as a part-time Santhi is not a
disqualification while considering the petitioner's qualification for
selection as Melsanthi of Sabarimala Devaswom. The said issue is
covered against the petitioner by the judgment of the Division
Bench in Rajesh J. Potty [2018 (5) KHC 220], referred to
hereinbefore.
W.P.(C)No.30184 OF 2024
2024:KER:70409
20. The petitioner who was a part-time Santhi under
Travancore Devaswom Board availed leave without allowance, on
different spells, for working as Melsanthi in other temples. It is
based on that experience the petitioner is claiming qualification
for selection as Melsanthi of Sabarimala Devaswom. Admittedly,
for the period from 21.09.2017 to 30.11.2017, the petitioner
worked as part-time Santhi in Thevarathottu Devaswom,
Krishnapuram, a temple under the management of the Travancore
Devaswom Board. While continuing on leave without allowance,
the petitioner rejoined service as part-time Santhi, in order to get
promotion as full time Santhi in the service of the Board.
21. Relying on clause 4 of Ext.P4 general conditions, which
forms part of Ext.P2 notification, the learned counsel for the
petitioner would contend that the said period has to be excluded
while calculating the 10 years continuous experience as
Melsanthi, out of 12 years. Clause 4 of Ext.P4 general conditions,
reads thus;
"രണ്ട് നേരം േട തുറന്നിരിക്കുന്നതും, മൂന്ന് പൂജകൾ ഉള്ളതും എല്ലാ
ദിവസങ്ങളില്ും പപാതുജേങ്ങൾക്ക് ദർശേത്തിന് അവസരം േൽകുന്നതുമായ
നേത്തത്തിനല്ാ/നേത്തങ്ങളിനല്ാ ആപക പത്രണ്ട് വർഷങ്ങളിൽ പത്ത് വർഷങ്ങളിൽ
തുടർച്ചയായി നമൽശാരി നസവേം േടത്തിയിട്ടുള്ള വയക്തിയായിരിക്കണം.
W.P.(C)No.30184 OF 2024
2024:KER:70409
അനപേകൻ ബന്ധുവിന്പറ ശവസംസ്ക്ക്കാര ത്കിയകൾ നപാല്ുള്ള
കാരയങ്ങൾക്കായി താൽക്കാല്ികമായി ശാരി നജാല്ിയിൽ േിന്നും വിട്ട്
േിൽനക്കണ്ടി വരുന്ന കാല്യളവ് സ്ഥല്ം മാറ്റപത്തനയാ, പുതിയ േിയമേത്തിനേനയാ
തുടർന്ന് സർവ്വീസിൽ ഉണ്ടാകുന്ന താൽക്കാല്ിക വിരാമം, ഏപതങ്കില്ും
തത്രിനയാപടാപ്പമുള്ള പരിശീല്േ കാല്യളവ് പരമാവധി മൂന്ന് മാസം എന്നിവ
തുടർച്ചയായി സർവ്വീസ്ക് കണക്കാക്കു നപാൾ വിട്ട് േിന്ന കാല്യളവായി
കണക്കാക്കുന്നതല്ല. കൂടാപത രണ്ട് നമൽശാരിമാർ മാസം, മാറാടി വയവസ്ഥയിൽ
നജാല്ി പെയ്യുന്ന നേത്തങ്ങളിൽ കീഴ്ശാരിയായി നജാല്ി നോനക്കണ്ടതായി
വനന്നക്കാവുന്ന കാല്യളവും ത്പസ്ക്തുത പത്ത് വർഷം കണക്കാക്കുന്നതിന്
പരിഗണിക്കാവുന്നതാണ്." (underline supplied)
22. In the instant case, while continuing on leave without
allowance, the petitioner rejoined service as part-time Santhi, in
order to get promotion as full time Santhi in the service of the
Travancore Devaswom Board. He worked as part-time Santhi in a
temple under the management of Travancore Devaswom Board
for the period from 21.09.2017 to 30.10.2017. The said period
cannot be excluded from the continuous 10 years' experience
prescribed in Ext.P2 notification, invoking the provisions
contained in clause 4 of Ext.P4 general conditions, which forms
part of Ext.P2 notification.
In the above circumstances, no interference is warranted on
Ext.P18 communication dated 31.07.2024 issued by the 3rd
respondent Secretary, Travancore Devaswom Board, whereby
Ext.R1(a) application made by the petitioner stands rejected for
W.P.(C)No.30184 OF 2024
2024:KER:70409
the reason stated therein. The petitioner is also not entitled to
any of the reliefs sought for in this writ petition, including the
declaration that working as part-time Santhi is not a
disqualification while considering his qualification for selection as
Melsanthi of Sabarimala Devaswom.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
W.P.(C)No.30184 OF 2024
2024:KER:70409
APPENDIX OF WP(C) 30184/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MEMO INTIMATING THE PETITIONER
TO ATTEND THE INTERVIEW ISSUED BY THE 1ST
RESPONDENT DATED 23.09.2014
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND
RESPONDENT AS ROC/18/2024/S
EXHIBIT P3 TRUE COPY OF THE SELECTION CRITERIA ISSUED BY
THE 2ND RESPONDENT IN RESPECT OF EXHIBIT P2
NOTIFICATION
EXHIBIT P4 TRUE COPY OF THE GUIDELINES ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF EXHIBIT P2
NOTIFICATION
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY VARANAD
DEVASWOM, CHERTHALA DATED 12.09.2017 PRODUCED
ALONG IN RESPONSE TO EXHIBIT P2 NOTIFICATION
EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED BY THANTHRI
KADIYAKKOL ILLATH K.N. KRISHNAN NAMBOOTHIRI
DATED 18.06.2024 IN RESPONSE TO EXHIBIT P2
NOTIFICATION
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE ISSUED BY ATTUKAAL
TEMPLE BHAGAVATHY TEMPLE TRUST,
THIRUVANANTHAPURAM DATED 22.06.2024 IN RESPONSE
TO EXHIBIT P2 NOTIFICATION
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI
PARAMESWARAN VASUDEVAN BHATTATHIRIPAD,
SREEVALLABHA TEMPLE, TIRUVALLA DATED 18.06.2024
IN RESPONSE TO EXHIBIT P2 NOTIFICATION
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI
PUTHUMANA DAMODARAN NAMBOOTHIRIPAD,
PUTHUMANAILLAM, AMBALAPPUZHA DATED 8.06.2024 IN
RESPONSE TO EXHIBIT P2 NOTIFICATION
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE ISSUED BY
SECRETARY, PATTUKULAM SREE RAJARAJESWARI
MAHADEVI KSHETHRA YOGAM, CHETTIKADU,
PATHIRAPALLY DATED 20.06.2024 IN RESPONSE TO
EXHIBIT P2 NOTIFICATION
W.P.(C)No.30184 OF 2024
2024:KER:70409
EXHIBIT P11 TRUE COPY OF THE NON INVOLVEMENT IN OFFENCES
CERTIFICATE ISSUED BY INSPECTOR OF POLICE,
ALAPPUZHA SOUTH POLICE STATION DATED 14.06.2024
SENT BY THE PETITIONER IN RESPONSE TO EXHIBIT
P2 NOTIFICATION
EXHIBIT P12 TRUE COPY OF THE NATIVITY CERTIFICATE DATED
07.06.2024 SENT BY THE PETITIONER IN RESPONSE
TO EXHIBIT P2 NOTIFICATION
EXHIBIT P13 TRUE COPY OF THE CASTE CERTIFICATE DATED
12.07.2022 SENT BY THE PETITIONER IN RESPONSE
TO EXHIBIT P2 NOTIFICATION
EXHIBIT P14 TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE
PETITIONER DULY ATTESTED BY ASSISTANT DEVASWOM
COMMISSIONER
EXHIBIT P15 TRUE COPY OF THE CERTIFICATE AWARDED TO THE
PETITIONER BY THANTRI MANDALKA VIDYAPEEDAM
APPROVED BY KERALA DEVASWOM RECRUITMENT BOARD
SENT BY THE PETITIONER IN RESPONSE TO EXHIBIT
P2 NOTIFICATION
EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 12.07.2024
ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT
EXHIBIT P17 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED
BY SECRETARY, PATTUKULAM TEMPLE, PATHIRAPALLY
EXHIBIT P18 TRUE COPY OF THE COMMUNICATION DATED 31.07.2024
ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT-R1(A) TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE TRAVANCORE DEVASWOM BOARD
DATED 24.6.2024 ALONG WITH DOCUMENTS
EXHIBIT-R1(B) TRUE COPY OF THE COVERING LETTER DATED
19.07.2024 SUBMITTED BY PETITIONER BEFORE THE
SECRETARY, TRAVANCORE DEVASWOM BOARD ALONG WITH
CERTIFICATES
