K. Krishnan Namboothiri v State of Kerala & Others (W.P.(C) No.33819 of 2023)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ## **`THE HONOURABLE MRS. JUSTICE SOPHY THOMAS`** ``` FRIDAY, THE 13[TH] DAY OF OCTOBER 2023 / 21ST ASWINA, 1945 ``` ## **`WP(C) NO. 33819 OF 2023`** ## **`PETITIONER:`** ``` K.KRISHNAN NAMBOOTHIRI, AGED 59 YEARS, S/O. N. KRISHNAN NAMBOOTHIRI, RESIDING AT IDAKKATTU ILLAM, MANJADIKARA, VAZHAPPALLY EAST, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN – 686103. BY ADVS. S.JAYAKRISHNAN S.PARAMESWARA PRASAD ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM DISTRICT. REPRESENTED BY ITS SECRETARY, PIN – 695003. ``` ``` 3THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN – 695003. 4THE SELECTION COMMITTEE, CONSTITUTED FOR SELECTING "MELSANTHIES" OF SABARIMALA ``` 2 W.P.(C) No.33819 of 2023 ``` SREE DHARMA SASTHA TEMPLE AND MALIKAPPURAM TEMPLE, FOR THE YEAR 1199 ME (2023-24), REPRESENTED BY ITS CHAIRMAN (PRESIDENT), TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM DISTRICT, PIN – 695003. ``` ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; ``` ``` SRI G.BIJU - STANDING COUNSEL -TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C) No.33819 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who submitted an application for selection as ‘Melsanthies’ of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1199 ME (2023-24), pursuant to Ext.P1 notification issued by the 3[rd] respondent Devaswom Commissioner, Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to intimate him the total marks awarded by the selection committee in the interview, along with separate marks in each unit for selection of ‘Melsanthies’ of the said Devaswoms. The petitioner has also sought for a writ of mandamus commanding the 2[nd] respondent Travancore Devaswom Board to include his name in Ext.P5 short list, as he is eligible; and a writ of mandamus commanding the 2[nd] respondent Board to consider and pass appropriate orders on Ext.P6 representation dated 06.10.2023, as expeditiously as possible, after affording him an opportunity of being heard. 2. In the writ petition, it is stated that though the petitioner 4 ## W.P.(C) No.33819 of 2023 performed well in the interview to secure more than 60 % marks, his name is not included in Ext.P5 short list of selected candidates for draw of lots, which is scheduled to be held on 18.10.2023. It is alleged in the writ petition that several ineligible persons are included in the short list and that the non-inclusion of the petitioner in that list is vitiated by mala fides and external intervention. 3. Today, when this matter came up for consideration at 10:30 a.m., Registry was directed to list the matter at 03:00 p.m., along with the records in SSCR No.25 of 2023, i.e., the Judge’s papers in that SSCR and the sealed cover containing the records relating to the interview conducted on 14.09.2023 and 15.09.2023 to select Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple and the report of Mr. Justice K. Padmanabhan Nair, a former Judge of this Court, who was appointed as the Observer. 4. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Travancore Devaswom Board for respondents 2 and 3 and also the learned Senior Government Pleader. 5. During the course of arguments at 03:00 p.m., we have perused the records relating to the interview conducted on 14.09.2023 5 ## W.P.(C) No.33819 of 2023 and 15.09.2023 to select Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, including the report of the learned Observer, which are kept in the safe custody of Registrar (Judicial), in terms of the order dated 03.10.2023 in SSCR No.25 of 2023. 6. From the tabulation sheets in respect of the interview conducted on 14.09.2023 for selection as ‘Melsanthi’ of Sabarimala Sree Dharma Sastha Temple and that in respect of the interview conducted on 15.09.2023 for selection as ‘Melsanthi’ of Malikappuram Temple, for the year 1199 ME, we notice that, the total mark secured by the petitioner is 29.25 out of 90 in the interview held on 14.09.2023 and he secured 34.25 out of 90 in the interview held on 15.09.2023 as against the minimum mark of 54 required for being included in the short list of candidates for the draw of lots. 7. Though it is alleged in the writ petition that several ineligible persons are included in the shortlist and that the non-inclusion of the petitioner in that list is vitiated by mala fides and external intervention, there is absolutely no pleadings as to any mala fides on the part of those who conducted interview or as to any external intervention. 6 ## W.P.(C) No.33819 of 2023 8. In **State of M.P. v. Nandlal Jaiswal [(1986) 4 SCC 566]** the Apex Court emphasised on the need of furnishing full particulars of allegations suggesting mala fides. It was held that the mere use of words such as ‘mala fide’, ‘corruption’ or ‘corrupt practice’ is not enough. What is necessary is to give full particulars of such allegations and to set out the material facts specifying the particular person against whom such allegations are made so that he may have an opportunity of controverting such allegations. 9. The learned counsel for the petitioner would submit that a news report appeared in a daily on 06.10.2023 in which it is stated that ineligible persons are included in the shortlist prepared after the interview for the draw of lots. 10. Before conducting the interview on 14.09.2023 and 15.09.2023 the list of candidates who are called for interview for selection as Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1199 ME was published in the website of the Travancore Devaswom Board. The interview held on 14.09.2023 and 15.09.2023 were conducted in the presence of the learned Observer appointed by this Court, who has filed a report before 7 ## W.P.(C) No.33819 of 2023 this Court, wherein it is stated that during the selection process no objections or complaints were raised by any candidates. 11. Since, in the interview, the petitioner could not secure the minimum marks required for inclusion in Ext.P5 list of shortlisted candidates for the draw of lots, he is not entitled to any of the reliefs sought for in this writ petition. 12. In the result, this writ petition fails and the same is accordingly dismissed. The sealed cover in SSCR No.25 of 2023 is returned to the Registrar (Judicial) for safe custody. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- ## **SOPHY THOMAS, JUDGE** DSV/- 8 W.P.(C) No.33819 of 2023 ## **`APPENDIX OF WP(C) 33819/2023`** ``` PETITIONER’S EXHIBITS : Exhibit P1TRUE COPY OF NOTIFICATION NO. R.O.C.09/2023/S DATED NIL ISSUED BY THE 3RD RESPONDENT. ``` ``` Exhibit P2TRUE COPY OF GUIDELINES FOR THE SELECTION OF MELSANTHIES OF SABARIMALA SREE DHARMA SASTHA TEMPLE AND MALIKAPPURAM TEMPLE, FOR THE YEAR 1199 ME ISSUED BY THE 3RD RESPONDENT. ``` - **`Exhibit P3 TRUE COPY OF CONDITIONS FOR THE SELECTION OF MELSANTHIES OF SABARIMALA SREE DHARMA SASTHA TEMPLE AND MALIKAPPURAM TEMPLE, FOR THE YEAR 1199 ME ISSUED BY THE 3[RD] RESPONDENT.`** - **`Exhibit P4 TRUE COPY OF 1ST MEMO R.O.C. NO. 8063/2023/ SABARIMALA DATED 08.09.2023 ISSUED BY THE 2ND RESPONDENT.`** - **`Exhibit P4 (a) TRUE COPY OF 2ND MEMO R.O.C. NO. 8063/2023/ SABARIMALA DATED 08.09.2023 ISSUED BY THE 2ND RESPONDENT.`** ``` Exhibit P5TRUE COPY OF LIST OF SELECTED CANDIDATES FOR DRAW OF LOTS PREPARED BY THE SELECTING COMMITTEE FOR SABARIMALA SREE DHARMA SASTHA TEMPLE AND MALIKAPPURAM TEMPLE, FOR THE YEAR 1199 ME. Exhibit P6TRUE COPY OF REPRESENTATION DATED 06.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ``` ## **`RESPONDENTS’ EXHIBITS : NIL`**