Suo Motu v. Travancore Devaswom Board and State of Kerala

## **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 8[TH] DAY OF NOVEMBER 2021/17TH KARTHIKA, 1943 SSCR NO.5 OF 2021** ## **PETITIONER:** **SUO MOTU** ## **RESPONDENT:** |**1**|**THE TRAVANCORE DEVASWOM BOARD**| |---|---| ||**REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.**| |**2**|**STATE OF KERALA,**| ||**REPRESENTED BY ITS CHIEF SECRETARY,**| ||**THIRUVANANTHAPURAM.**| ||**BY ADVS.**| ||**SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD**| ||**SRI.S.RAJMOHAN – SR.GOVERNMENT PLEADER**| ## **OTHER PRESENT:** **THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR FINAL HEARING ON 08.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 SSCR No.5 of 2021 ## **O R D E R** ## Anil K.Narendran, J. The Special Commissioner, Sabarimala, has filed the captioned report regarding the steps to be taken to ensure fairness, transparency and also adherence to the prescribed guidelines for the interview of candidates to be shortlisted for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1197 ME (2021-22). In the report, the Special Commissioner has stated that, for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1197 ME (2021-22), applications have been called for. After Vigilance enquiry 26 applicants, i.e., 16 applicants for Sabarimala Sree Dharma Sastha Temple and 10 applicants for Malikappuram Temple are recommended for interview, which is scheduled to be held on 05.10.2021 and 06.10.2021, at the Head Office of the Travancore Devaswom Board. From among the successful candidates, shortlist will be prepared and Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple will be selected by draw of lots. 2. On 28.09.2021, after considering the report of the 3 SSCR No.5 of 2021 Special Commissioner, Sabarimala, the submissions made by the learned Standing Counsel for the Travancore Devaswom Board and also the learned Senior Government Pleader, it was ordered that, in the interview scheduled to be held on 05.10.2021 and 06.10.2021 for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1197 ME (2021-22), conducted in terms of the order of the Apex Court dated 06.09.2011 in Civil Appeal No.2570-71 of 2003, the guidelines/directions issued in the orders of this Court dated 10.10.2018 and 29.10.2018 in SSCR No.17 of 2018; the order dated 26.07.2019 in SSCR No.11 of 2019 and DBA No.7 of 2019; and the order dated 25.09.2020 in SSCR No.10 of 2020 and DBA No.10 of 2020 shall be strictly followed by the Selection Committee. From among the successful candidates, shortlists shall be prepared and Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple shall be selected by draw of lots. The constitution of the Selection Committee, award of marks, etc., shall be as per the order of the Apex Court dated 06.09.2011 in Civil Appeal No.2570-71 of 2003 and also the guidelines/directions issued in the orders of this Court in 4 ## SSCR No.5 of 2021 SSCR No.17 of 2018; SSCR No.11 of 2019 and DBA No.7 of 2019; and SSCR No.10 of 2020 and DBA No.10 of 2020. 3. By the order dated 28.09.2021, Honourable Mr. Justice R. Bhaskaran, a former Judge of this Court, was appointed as the 'Observer', who was requested to oversee the proceedings for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1197 ME (2021-22). The Observer was also requested to be there in Sabarimala at the time of draw of lots. Taking into account the situation prevailing in the State due to COVID-19 pandemic, the Travancore Devaswom Board was directed to arrange necessary conveyance and accommodation to the Observer. 4. The Observer appointed by this Court for the year 1195 ME (2019-20) reported wide difference in the marks awarded by the three Thanthries at the time of interview. In the said report, it was observed that, it would be better if the Observer is directed to file a report before the lots are taken, so that the mark list can be verified by this Court, in order to ensure that the interview was conducted in a fair manner. That suggestion was made with a bonafide intention to ensure 5 ## SSCR No.5 of 2021 that an upper hand is not actually given to any particular candidate by anyone by granting excessive marks. Therefore, by the order dated 28.09.2021, the Observer was requested to file a report before this Court after the culmination of the interview for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1197 ME (2021-22). It was also ordered that, the entries in the mark sheet shall be made only by using 'ballpoint pen'. The mark sheets shall be counter signed by the Observer and shall be kept in safe custody of the Commissioner of the Travancore Devaswom Board. The entire proceedings scheduled to be held on 05.10.2021 and 06.10.2021, at the Travancore Devaswom Board Head Office shall be videographed. The Commissioner of the Travancore Devaswom Board shall produce the CD of the selection proceedings, mark lists and also the short list before this Court, in a sealed cover, through the learned Standing Counsel for the Travancore Devaswom Board, immediately, at any rate, on or before 11.10.2020. After the production of the mark lists, shortlist and the CD of the selection proceedings, Travancore Devaswom Board shall proceed with the draw of lots, subject 6 ## SSCR No.5 of 2021 to orders to be passed by this Court on perusal of the report of the Observer, the short list and the CD of the selection proceedings. 5. Taking into account the situation prevailing in the State due to COVID-19 pandemic, COVID protocol restrictions and the consequential difficulty in bringing children below the age of 10 years to draw the lots for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1197 ME (2021-22), the Senior Raja of Pandalam Royal Family was permitted by the order dated 28.09.2021, to depute two male children above the age of 10 years to draw the lots for selection of Melsanthies to Sabarimala and Malikappuram Devaswoms, as permitted by this Court, for the year 1196 ME (2020-21), in the order dated 25.09.2020 in SSCR No.10 of 2020 and DBA No.10 of 2020. In the said order it was clear that, the permission for this year, i.e., 1197 ME (2021-22), is granted solely because of the pandemic situations prevailing in the State. From the next year onwards clause 2(f) of the ‘Terms of Settlement’ shall be adhered to, in the aforesaid matter. 6. Pursuant to the order of this Court dated 7 SSCR No.5 of 2021 28.09.2021, the report of the learned Observer was placed before this Court in a sealed cover. The selection proceedings along with CD was also placed before this Court in another sealed cover, by the learned Standing Counsel for Travancore Devaswom Board. Having perused that the report of the learned Observer and also the files relating to the interview of candidates to be shortlisted for selection of Melsanthies of Sabarimala Sree Dharmasastha Temple and Malikappuram Temple, for the year 1197 ME (2021-22) this Court, by the order dated 13.10.2021, permitted the Travancore Devaswom Board to proceed with the draw of lots, which was scheduled on 17.10.2021, in terms of the directions contained in the order of this Court dated 28.09.2021, in the presence of the learned Observer and also the Special Commissioner. The learned Observer and also the Special Commissioner, Sabarimala were directed to file reports before this Court. Registry was directed to keep the report of the learned Observer and also the selection proceedings in a sealed cover, in safe custody of Registrar (Judicial), and to handover the original short list of the candidates dated 06.10.2021, enclosed along with the report of the learned Observer and 8 SSCR No.5 of 2021 marked as Annexure A1, to the learned Standing Counsel for Travancore Devaswom Board, in a sealed cover, after retaining a photocopy. 7. The learned Observer has filed a final report on 20.10.2021, wherein it is stated that due to heavy rain and since water level near Vadasserikara was rising, he could not proceed to Pamba on 16.10.2021. On 17.10.2021 at 8.00 a.m. he saw live telecasting of drawing of lots, which was arranged and completed by the Special Commissioner, Sabarimala, in a foolproof manner, in which the name of Sri.N.Parameswaran Namboodiri was chosen as Melsanthi of Sabarimala Sree Dharma Sastha Temple and the name of Sri.Kuruvakkad Illath Sambhu Namboodiri was chosen as Melsanthi of Malikappuram Temple. 8. The Special Commissioner, Sabarimala has also filed a detailed report regarding the draw of lots conducted on 17.10.2021. The relevant paragraphs of that report read thus; ## “Selection of Melshanthi of Sabarimala Sree Darma ## Sastha Temple The draw of lots for the Melshanthis of Sabarimala Sree Dharma Sastha Temple, from among the 9 short listed candidates was conducted after the Usha Pooja was 9 SSCR No.5 of 2021 over in front of the Sopanam of the Sabarimala temple by Master Govind Varma, Junior member of Pandalam Royal Family. The draw of lots were conducted in a transparent manner by reading out the list of 9 short listed candidates by Special Commissioner, Sabarimala. Then the 9 paper slips containing the names of each of the candidates were displayed openly serial wise and were folded into lots and put in a small silver pot. Thereafter 8 blank lots and one lot having the inscription Melshanthi was folded and put on another Silver Pot by the Special Commissioner, Sabarimala. Then the Thanthri conducted pooja of the pots and returned it. Thereafter the pots were opened and at first the lots from the pot containing names of the candidates were drawn by Master Govind Varma. Then the lots from other pot were drawn. The first 3 lots of names corresponded with blank lots and were eliminated. The 4[th] name of Shri. N. Parameswaran Namboothiri, Kaleekkal Madam, 436, MMC III Thattarambalam P.O., Mavelikkara-690 103, corresponded with the lot Melshanthi with the other pot. Therefore in the draw of lots Shri. N. Parameswaran Namboothiri was selected as the Melshanthi of the Sabarimala Sree Dharma Sastha Temple for the year 1197 ME (2021-22). Selection of Melshanthi of Malikappuram Temple Shri. N. Parameswaran Namboothiri was also included in the list of candidates for Melshanthis of Malikappuram Temple and since he was selected in the draw of lots for Sabarimala Sree 10 SSCR No.5 of 2021 Dharma Sastha Temple, his name was avoided from the draw of lots for the Melshanthis of Malikappuram Temple. After the draw of Melshanthis for Sabarimala Sree Dharma Sastha Temple was conducted the draw of lots for Melshanthis of Malikappuram Temple was conducted in front of the Sopanam of Malikappuram Temple by Niranjan.R.Varma, a member of the Pandalam Royal Family. The draw of lots were conducted in a transparent manner. At first the Special Commissioner read out the list of the 8 candidates short listed for draw to lots (Sl.No. 3, Shri. N. Parameswaran Namboothiri omitted). Then the lots having the names of the 8 candidates were displayed openly, folded and put in a Silver pot by the Special Commissioner. Thereafter 7 blank lots and 1 lot having the inscription Melshanthi was displayed and put in another Silver pot. Both pots were handed over to the Thanthri, who conducted pooja and returned the same. Thereafter at first the lots containing names of the candidates were drawn by the Junior member of the Pandalam Royal Family and the Special Commissioner read aloud the name. Then the lots from the other pot were drawn. The first 3 lots of names corresponded to blank lots drawn from the other pot and were eliminated. The 4[th] lot of Shri. Kuravakkadu Illathu Sambhu Namboothiri, Rishi Nivas, 38-1409, Kallayi P.O., Panniyankara, Kozhikodu-673 003, corresponded to the lot inscribed Melshanthi. Hence Shri. Kuravakkadu Illathu Sambhu Namboothiri was selected in the draw of lots as the Melshanthi of Malikappuram 11 SSCR No.5 of 2021 Temple. It is submitted that in the draw of lots from the short listed candidates conducted on 17/10/2021 at Sabarimala Sree Dharma Sastha Temple; (1) Sri. N Parameswaran Namboothiri (Sl. No. 9), Kaleekkal Madam, 436, MMC III, Thattarambalam P.O., Mavelikkara-690 103 was selected as Melshanthi of Sabarimala Sree Dharma Sastha Temple. (2) Sri. Kuravakkadu Illathu Sambhu Namboothiri (Sl.No.4), Rishi Nivas, 38 - 1409, Kallayi P.O., Panniyankara, Kozhikodu-673 003 was selected as Melshanthi of Malikappuram Temple.” 9. Along with the memo dated 05.11.2021 filed by the learned Standing Counsel for Travancore Devaswom Board, a comparative table of the schedule of selection of Melsanthi in Sabarimala and Malikappuram Temples is placed on record, which is extracted hereunder; |Sl.<br>No.|List of events|Schedule as<br>per order in<br>DBP<br>No.50/2009|Schedule as<br>per<br>notification<br>for 1197ME.|Malikapporam<br>Temples| |---|---|---|---|---| |1|Date of notification<br>inviting application|On or<br>before<br>01.07.2021|27.05.2021|No delay| |2|Last date of receipt<br>of applications|15.07.2021|09.07.2021|No delay| |3|Date before which<br>list of eligible|15.08.2021|31.08.2021|Vigilance<br>enquiry| 12 SSCR No.5 of 2021 ||candidates to be<br>published after<br>Vigilance enquiry|||consumed<br>more time due<br>to the<br>pandemic<br>situation| |---|---|---|---|---| |4|Time for objection<br>before Devaswom<br>Board against the<br>rejection of<br>applications on the<br>basis of Vigilance<br>enquiry (within 15<br>days)|30.08.2021|18.09.2021|Due to the<br>delay in getting<br>the Vigilance<br>report| |5|Decision of the<br>Board on the<br>objections|15.09.2021|30.09.2021|Due to the<br>delay in getting<br>the Vigilance<br>report| |6|Interview|1stweek of<br>October|5th& 6th<br>October<br>2021|Conducted in<br>tune with the<br>schedule| |7|Publication of list|On the<br>closing day<br>of interview|13.10.2021|Published after<br>obtaining<br>orders from<br>this Hon'ble<br>Court| |8|Draw of lot|Thulam 1st|Thulam 1st<br>1197 ME.<br>(17.10.202<br>1)|As per<br>schedule| |10.<br>Heard the||||| Travancore Devaswom Board for the 1[st] respondent and also the learned Senior Government Pleader counsel for the 2[nd] respondent State. 13 SSCR No.5 of 2021 11. Sabarimala Sree Dharma Sastha Temple, which is situated inside Periyar Tiger Reserve, is a prominent pilgrim centre in Kerala, where lacks 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 first of Vrischikam to the 31[st] of Thulam next year. 12. 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, 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 14 SSCR No.5 of 2021 Temple, for one year starting from 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 Thanthri. 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 best persons for appointment of 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. 13. 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 reads thus: 15 SSCR No.5 of 2021 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; 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 15 th 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 16 SSCR No.5 of 2021 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 S.S.L.C. 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. 14. 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 carried against earlier orders issued by this Court, the Apex Court by the order dated 15.11.2010 in Civil Appeal 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 selection committee for interviewing and 17 SSCR No.5 of 2021 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 Thanthri of "Thazhamon Illam/Madom" - ii) The Junior Thanthri of "Thazhamon Illam / Madom" - C. The "Outside Thanthri" selected in the process indicated in Clause (a) of Para.2 below: - 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 Thanthries to TDB. Keeping those names in serious consideration, TDB 18 SSCR No.5 of 2021 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 Thanthri 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 Thanthri" 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 Thanthri" to be on the Selection Committee. The above is only for composition of the Selection 19 SSCR No.5 of 2021 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 Thanthri, 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, Tanthric 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 Thanthri and Junior Thanthri of Thazhamon Illam/ Madom together can award marks up to 30. The other Unit (the "Outside Thanthri") can award marks up to 30. f. After the Selection Committee finalises the list of 20 SSCR No.5 of 2021 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 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." 15. 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, another 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 21 SSCR No.5 of 2021 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 the 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. 16. From the comparative table produced along with the memo filed by the learned Standing Counsel for Travancore Devaswom Board of a schedule of Melsanthi selection of Sabarimala and Malikappuram temples, it is seen that for the year 1197 ME, the notification inviting applications was issued well within the time schedule prescribed in the order in DBP No.50 of 2009. However, there occurred some 22 SSCR No.5 of 2021 delay in publishing the list of candidates after Vigilance enquiry, since the enquiry consumed more time, which according to the Devaswom Board was due to the situation prevailing in the State on account of Covid-19 pandemic. 17. After the interview held on 05.10.2021 and 06.10.2021 at the Travancore Devaswom Board Head Office, the learned Observer has filed a report along with selection proceedings and CD. After perusing the report and also the files relating to the interview of the short-listed candidates, by the order dated 13.10.2021 we have permitted the Travancore Devaswom Board to proceed with the draw of lots, which was held on 17.10.2021. After the selection of Melshanthis of Sabarimala and Malikappuram Temples the learned Observer has filed a final report on 20.10.2021, followed by a detailed report of the Special Commissioner, Sabarimala, which we have already extracted hereinbefore in paragraph No.8. The learned Observer, who viewed the live telecasting of draw of lots, has reported that it was arranged and completed by the Special Commissioner, Sabarimala in a foolproof manner. We deem it appropriate to record the final report of the learned Observer and also the detailed report of the Special 23 SSCR No.5 of 2021 Commissioner, Sabarimala. 18. The qualification prescribed for selection as Melsanthi is that 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 opens twice daily and having three poojas and where public is having right to worship. 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. A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a period of four months from the date of this order, which shall be placed before this Court for approval. With the above direction, this report of disposed of. 24 SSCR No.5 of 2021 The Registry shall retain the report of learned Observer and the CD of the selection proceedings, referred to in the order dated 13.10.2021, in a sealed cover and the files relating to the selection proceedings shall be handed over to the learned Standing Counsel for Travancore Devaswom Board, after retaining an attested copy of the same, which shall also be kept in sealed cover. **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** ## **P.G. AJITHKUMAR, JUDGE** dkr