N. Unnikrishnan Namboodiri v. Travancore Devaswom Board and Devaswom Commissioner

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 1[ST] DAY OF AUGUST 2022 / 10TH SRAVANA, 1944 ``` ``` WP(C) NO.24474 OF 2022 ``` ## **`PETITIONER:`** ``` N.UNNIKRISHNAN NAMBOODIRI KURIYIDATHU SREEKRISHNA VILASOM, CHENNITHALA P.O., PIN - 690 105, MAVELIKKARA, ALAPPUZHA DISTRICT. ``` ``` BY ADV. D.SOMASUNDARAM ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN -695.003,`** - **`2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN-695 003.`** ``` SRI.G.BIJU, SC FOR TDB ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 W.P.(C) No.24474 of 2022 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner submitted an application for being selected as the Melsanthi of Sabarimala Devaswom, for the year 1198 ME (2022-23), based on Ext.P1 notification dated 06.07.2022, issued by the 2[nd] respondent Devaswom Commissioner, Travancore Devaswom Board. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to consider his applications in accordance with the age qualification prescribed in Ext.P1 notification, without insisting on the condition prescribed in the norms attached thereto. The petitioner has also sought for a declaration that the condition prescribed in the norms attached to Ext.P1 notification that the age of the applicants for selection to the post of Melsanthies of Sabarimala Devaswom and Malikappuram Devaswom shall not exceed 60 years as on the date of completion of the term of the appointment, i.e., as on 30[th] Thulam 1198 ME, is unreasonable and such condition is not in accordance with the qualification prescribed in Ext.P1 notification. As per Ext.P1 notification, as on 1[st] Chingam, 1198 ME, the applicants shall be aged between 35 years and 60 years. 3 W.P.(C) No.24474 of 2022 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for Travancore Devaswom Board for respondents 1 and 2. 3. 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 under Sabarimala Devaswom and Malikappuram Temple under Malikappuram Devaswom are under the management of the Travancore Devaswom Board. By reason of custom and tradition, Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple are selected for one year, commencing from the 1[st] of Vrischikam. Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple are ‘Purappada Santhies’, who are not allowed to leave Sannidhanam, on the closure of the shrine after the festivals or monthly pooja, till the completion of their tenure. 4. In **Mohandas Embranthiri v. Travancore 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, 4 ## W.P.(C) No.24474 of 2022 cannot choose any person as Melsanthi without any guidelines. 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 1[st] of Vrischikam to 31[st] 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. The purpose of the interview is to get the best person for the appointment as Melsanthi at Sabarimala Temple. 5. 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 5 W.P.(C) No.24474 of 2022 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, 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. 6. In **Rajesh J. Potty v. Travancore Devaswom Board [2018 (5) KHC 220]** a Division Bench of this Court noticed that the prescriptions stipulated in the notification for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple are 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. On the prescription of the qualifications mentioned in Ext.P1 notification, the Division Bench held that, the attempt of the Travancore Devaswom Board should always be to find the best among the Santhis, so that he 6 W.P.(C) No.24474 of 2022 will be able to perform as a ‘Purappada Santhi’ 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. 8. As per Ext.P1 notification, as on 1[st] Chingam, 1198 ME, the applicants for selection to the post of Melsanthies of Sabarimala Devaswom and Malikappuram Devaswom shall be aged between 35 years and 60 years. Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple are ‘Purappada Santhies’, who are not allowed to leave Sannidhanam, on the closure of the shrine after the festivals or monthly pooja, till the completion of their tenure. They are selected for one year. Ext.P1 notification is for the year 1198 ME. The tenure of appointment of Melsanthi for the year 1198 ME is from 1[st] Vrischikam 1198 M.E to 30[th] Thulam, 1199 ME. The condition prescribed in the norms attached to Ext.P1 notification that the 7 ## W.P.(C) No.24474 of 2022 age of the applicants for selection to the post of Melsanthiies of Sabarimala Devaswom and Malikappuram Devaswom shall not exceed 60 years as on the date of completion of the term of the appointment, i.e., as on 30[th] Thulam 1198 ME, is made since they are ‘Purappada Santhies’. In that view of the matter, we find no reason to interfere with the aforesaid clause in the norms attached to Ext.P1 notification. 9. In the result, the above writ petition fails and the same is accordingly dismissed. No order as to costs. Sd/- ## **ANIL K. NARENDRAN JUDGE** Sd/- **P.G. AJITHKUMAR JUDGE** PV 8 W.P.(C) No.24474 of 2022 ## **`APPENDIX OF WP(C) 24474/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 TRUE COPY OF NOTIFICATION ROC NO.04/2002/S DATED ISSUED BY THE 2ND RESPONDENT. 6-7-2022. Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER 18-7-2022 ALONG WITH THE DOCUMENTS AS PER THE NOTIFICATION. ```