W.P.(C). Nos. 28897/2020 and 29021/2020, High Court of Kerala, Ernakulam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943** ## **WP(C).No.28897 OF 2020(J)** ## **PETITIONERS:** **KRISHNAKUMAR B AGED 35 YEARS** **S/O.V.BHASKARAN, SREEKRISHNA BHAVANAM, KOCHICKAL, MAVELIKARA P.O., ALAPPUZHA-690 101.** **BY ADVS. SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS** ## **RESPONDENT/S:** - **1 THE CHAIRMAN, KERALA DEVASWOM RECRUITMENT BOARD, TRAVANCORE DEVASWOM BOARD BUILDING, M.G.ROAD, AYURVEDA COLLEGE JUNCTION, THIRUVANANTHAPURAM-695 001.** - **2 KERALA DEVASWOM RECRUITMENT BOARD, REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM BOARD BUILDING, M.G.ROAD, AYURVEDA COLLEGE JUNCTION, THIRUVANANTHAPURAM-695 001.** - **3 S.VIJAYAKUMAR, S/O.SAHADEVA SARAMA, VISHAK BHAVANAM IYERKULANGARA, VAIKOM P.O., KOTTAYAM-686 141.** - **4 RENJITH.R @ KANNAN CHAVARA, REJITHA BHAVANAM, THOTINU VADAKKU, CHAVARA P.O., KOLLAM-691 583.** **R1-2 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR R3 BY ADV. SRI.T.SANJAY R4 BY ADV. SHRI.SANIL KUMAR G. R4 BY ADV. SHRI.MIDHUN R.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0403-2021, ALONG WITH WP(C).29021/2020(C), THE COURT ON 22-03-2021 DELIVERED THE FOLLOWING:** W.P.(C).Nos.28897 & 29021/2020 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943** ## **WP(C).No.29021 OF 2020(C)** ## **PETITIONERS:** |**1**|**HARIKUMAR B**| |---|---| ||**AGED 31 YEARS**| ||**S/O V BHASKARAN, SREEKRISHNA BHAVANAM,**| ||**KOCHICKAL, MAVELIKARA, ALAPPUZHA-690101.**| |**2**|**NANDAKUMAR**| ||**AGED 27 YEARS**| ||**S/O R KRISHNAKUMAR, PUTHENMADOM, A N PURAM,**| ||**ALAPPUZHA-688011.**| |**3**|**RAHUL R**| ||**AGED 30 YEARS**| ||**S/O REGHUNATHAN NAIR,**| ||**MIDHUL NIVAS, THRIPPERUMTHURA P O, CHENNITHALA,**| ||**ALAPPUZHA-690105.**| **BY ADVS. SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS** ## **RESPONDENTS:** **1 THE CHAIRMAN KERALA DEVASWOM RECRUITMENT BOARD, TRAVANCORE DEVASWOM BOARD BUILDING, M G ROAD, AYURVEDA COLLEGE JUNCTION, THIRUVANANTHAPURAM-695001.** W.P.(C).Nos.28897 & 29021/2020 3 - **2 KERALA DEVASWOM RECRUITMENT BOARD, REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM BOARD BUILDING, M G ROAD, AYURVEDA COLLEGE JUNCTION, THIRUVANANTHAPURAM695001.** - **3 S VIJAYAKUMAR S/O SAHADEVA SARMA, VISHAK BHAVANAM, IYERKULANGARA, VAIKOM P O, KOTTAYAM-686141.** - **4 RENJITH R @ KANNAN CHAVARA REJITHA BHAVANAM, THOTINU VADAKKU, CHAVARA P O, KOLLAM-691583.** **R1-2 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR R3 BY ADV. SRI.T.SANJAY R4 BY ADV. SHRI.SANIL KUMAR G. R4 BY ADV. SHRI.MIDHUN R.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2021, ALONG WITH WP(C).28897/2020(J), THE COURT ON 22-03-2021 DELIVERED THE FOLLOWING:** W.P.(C).Nos.28897 & 29021/2020 4 ## **JUDGMENT** **[ WP(C).28897/2020, WP(C).29021/2020 ] Dated this the 22[nd] day of March 2021** ## **JUDGMENT** 1. The prayer in W.P.(C).No.28897 of 2020 is a challenge against Exhibit P12 notification and ranked list published by the 2[nd] respondent for appointment to the post of Takil player in the Guruvayur Devaswom Board. While prayers in W.P.(C).No.29021 of 2020 is against Exhibits P6 and P7 notifications for appointment of Thaalam player and Thakil player respectively in the Guruvayoor Devaswom. 2. The petitioners in these writ petitions claim to be acclaimed Takil and Thaalam artists. It is contended that they were applicants for the posts of Takil player and Thaalam player respectively as notified by the Guruvayoor Devswom Board. The selection was conducted by the 2[nd] respondent, Kerala Devaswom Recruitment Board (KDRB for short). W.P.(C).Nos.28897 & 29021/2020 5 3. In W.P.(C).No. 28897/2020, Exhibits P1 to P9 are certificates relied on by the petitioner to contend that he is a well known and acclaimed Thakil artist. Exhibit P10 is a notification issued by the 2[nd] respondent dated 18.3.2020. It is stated that the petitioner had submitted his application and was subjected to an interview by a panel including the 3[rd] respondent. It is stated that the interview lasted 48 minutes and the petitioner had answered all questions and had performed well in the interview. However, the 3[rd] respondent had verbally insulted the petitioner and his knowledge and capacity and expertise in Thakil. It is submitted that Exhibit P12 ranked list was thereafter published where the petitioner was included as rank No.2 and the 4[th] respondent as rank No.1. It is contended that the 4[th] respondent was awarded full marks in the interview. It is stated that 4[th] respondent is a student of the 3[rd] respondent. It is alleged that the 3[rd] respondent is a group admin in a Whatsapp group which conducts classes in which the 4[th] respondent was also a member. It is stated that the 3[rd] W.P.(C).Nos.28897 & 29021/2020 6 respondent was therefore instrumental in selecting the 4[th] respondent. It is further contended that the 3[rd] respondent was found unfit by this Court to be appointed as Principal in the Vaikom Kshethra Kalapeedam managed by Travancore Devaswom Board by Exhibits P15 and P16 judgments. The petitioner had submitted Exhibit P17 request to the 1[st] respondent for cancellation of the ranked list and for conducting a re-selection which has been ignored, pursuant to which the petitioner has approached this Court. Additional documents have also been sought to be produced by the petitioner in support of his contentions. 4. A statement has been placed on record by the 1[st] and 2[nd] respondents. It is contended that Rule 7(4) of the Kerala Devaswom Recruitment Board Rules, 2015 specifically provides for an oral test to be conducted by the Board with the representative of the concerned Devaswom Boards to take part in the deliberations of the Board who shall not be entitled to award marks. It is further stated W.P.(C).Nos.28897 & 29021/2020 7 that the Board can invite any person or persons with expert knowledge in particular subjects to be present at the interview to assist the Board, but such person or persons shall not be entitled to award marks. It is submitted that Smt.G.S.Shylamani, member of the 2[nd] respondent was the Chairperson of the interview Board. Sri.P.C.Ravindranath, Member of the 2[nd] respondent, Adv.K.B.Mohandas, Chairman of the Guruvayoor Devaswom Managing Committee and Sri.Alappuzha S.Vijayakumar and Prof.Vaikom Venugopal were the invited expert members of the Interview Board. It is stated that in terms of the guidelines issued by the KDRB for the conduct of interview, interview was conducted with a maximum of 50 marks. The 4[th] respondent was awarded 30 marks and the petitioner was awarded only 15.98 marks. The interview for each candidates lasted for about 45 minutes and their proficiency in playing the instrument as well as theoretical knowledge was thoroughly tested. All the members of the Interview Board actively participated in the interview. It was found W.P.(C).Nos.28897 & 29021/2020 8 that the petitioner was short of theoretical knowledge and did not perform as well as the 4[th] respondent in the practical performance as well. It is contended that marks were awarded in accordance with their merit. It is submitted that the Chairman of the Guruvayoor Devaswom Managing Committee as well as the invited experts did not award any marks and that it was members of the Board who had awarded marks in the interview. It is submitted that the expert members were persons who were well known in the field of Thakil and Thaalam and the petitioner who had participated in the interview cannot turn around and contend that the experts included in the Board were not fit to function as such after being unsuccessful in the selection procedure. 5. Similar are the contentions in the connected writ petition as well. In W.P.(C).No.29021 of 2020, the petitioners were applicants to the posts of Thaalam player and Thakil player respectively. They also challenge the inclusion of the 4[th] respondent in the ranked list as the same grounds W.P.(C).Nos.28897 & 29021/2020 9 as in W.P.(C).No.28897/2020. The 3[rd] respondent as well as the 4[th] respondent has placed counter affidavits on record. It is specifically submitted by both of them that the 4[th] respondent was never the student of the 3[rd] respondent and that the membership in a Whatsapp group of Thakil artists cannot, by any stretch of imagination, be a reason to invalidate a legally conducted selection. 6. Though several documents have been placed on record and an attempt is made to draw this Court into an appreciation of the relative merits of the candidates and the competency of the subject experts, I find that the issue falls within the narrow compass as to the legality of a selection conducted by the KDRB. The learned counsel for the petitioner relies on a decision of the Apex Court in **Ashok Kumar Yadav v. State of Haryana** [AIR 1987 SC 454], **Mineral Development Ltd.v.State of Bihar** [AIR 1960 SC 438], while the learned Standing Counsel appearing for the 1[st] respondent relies on the decisions of W.P.(C).Nos.28897 & 29021/2020 10 the Apex Court in **Dalpat Abasaheb Solunke v. Dr.B.S.Mahajan** [AIR 1990 SC 434], **K.A.Nagamani v. Indian Airlines and others** [(2009)5 SCC 515] and **Madan Lal and others v. State of Jammu and Kashmir and others** [AIR 1995 SC 1088]. 7. Having considered the contentions advanced, I find that the petitioners were applicants for the posts notified by the KDRB. They had submitted their applications and had appeared for the interview. It is now seen from the pleadings on record that an interview Board had been constituted with two members of the Recruitment Board, a representative of the Devaswom Board and two experts as its members. The specific case of respondents 1 and 2 is that neither the member of the Devaswom Board, nor the expert members were eligible to award marks for the interview. The interview admittedly was held on 19.11.2020. The petitioners attended the interview without demur. Even after the interview they had no complaints against the experts included in the panel. It is W.P.(C).Nos.28897 & 29021/2020 11 only when the select list had been published where the 4[th] respondent had been included in a better position that the 1[st] complaint was raised by the petitioners. Though several documents have been produced and arguments have been raised with regard to the fairness of the procedure, I find that there are specific rules governing the conduct of selections by the respondents. It is contended that the procedure prescribed by the rules had been scrupulously followed by the respondents while conducting the instant selection also. Counter affidavits are also on record specifying that the 4[th] respondent was not a student of the 3[rd] respondent. 8. In the above factual situation, this Court would not be justified in embarking on any examination as to the competence or expertise of the persons who constituted the selection committee or with regard to the reasons for the award of marks to the candidates. The KDRB is a statutory body constituted specifically for the conduct of W.P.(C).Nos.28897 & 29021/2020 12 selection. This procedure is regulated by prescribed procedure. An examination with regard to the competence of experts invited by the Board for the conduct of the selection, who are not even empowered to award marks or an attempt to examine the relative merit of candidates is an exercise which falls outside the ambit of the extraordinary jurisdiction of this Court as contemplated under Article 226 of the Constitution of India. 9. In the light of the specific averments in the statement filed on behalf of respondents 1 and 2 with regard to the conduct of the selection and the award of marks, I am of the opinion that no reliefs as sought for can be granted in these writ petitions. The writ petitions fail and are accordingly dismissed. Sd/- **Anu Sivaraman, Judge** sj W.P.(C).Nos.28897 & 29021/2020 13 ## **APPENDIX OF WP(C) 28897/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 COPY OF THE CERTIFICATE ISSUED BY OCHIRA V.BHASKARAN TO THE PETITIONER DATED 08.11.2020.** **EXHIBIT P2 COPY OF THE CERTIFICATE ISSUED BY THE KANCHI KAMAKODI PEEDOM ASTHANA VIDWAN KAVALAM B.SREEKUMAR.** **EXHIBIT P3 COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT STATION DIRECTOR ON THE BEHALF OF THE STATION DIRECTOR FROM PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ALL INDIA RADIO, THIRUVANANTHAPURAM DATED 01.06.2009.** **EXHIBIT P4 COPY OF THE CERTIFICATE OF MERIT FOR YOUR FESTIVAL 2009 HELD AT KOTTAYAM ISSUED BY MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.** - **EXHIBIT P5 COPY OF THE CERTIFICATE OF MERIT IN YOUTH FESTIVAL HELD AT ERNAKULAM ISSUED BY MAHATMA GANDHI UNIVERSITY TO THE PETIONER.** - **EXHIBIT P6 COPY OF THE EXPERIENCE CERTIFICATE DATED 06.08.2012 ISSUED BY THE DIRECTOR, SWARALAYA MUSIC COLLEGE.** - **EXHIBIT P7 COPY OF THE ORDER ISSUED BY THE GURUVAYOOR DEVASWOM ADMINISTRATOR TO THE PETITIONER AS A TEACHER IN THAVIL ON TEMPORARY BASIS DATED 19.09.2012.** **EXHIBIT P8 COPY OF THE PERFORMANCE CERTIFICATE ISSUED BY THE JAWAHARLAL NEHRU CULTURAL CENTRE OF EMBASSY OF INDIA IN THE RUSSIAN FEDERATION.** W.P.(C).Nos.28897 & 29021/2020 14 **EXHIBIT P9** **COPY OF THE CERTIFICATE ISSUED BY OACHIRA V.SIVADASAN DATED 10.10.2020.** - **EXHIBIT P10** **COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 18.03.2020.** - **EXHIBIT P11** - **COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE DATED 16.11.2020.** - **EXHIBIT P12 COPY OF THE NOTIFICATION OF THE SELECTION LIST FOR THE RANK LIST NO.12/2020 ISSUED BY THE 2ND RESPONDENT DATED 18.12.2020.** - **EXHIBIT P13 COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT BOARD FOR THE RANK LIST NO.7/2020 DATED 18.12.2020.** - **EXHIBIT P14 COPY OF THE RELEVANT PAGES OF PRINTOUT OF THE WHATSAPP GROUP KNOWN AS THAVILNADHAM.** - **EXHIBIT P15 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.33546 OF 2019 DATED 13.07.2020.** - **EXHIBIT P16 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WA NO.1086 OF 2020 DATED 08.10.2020.** - **EXHIBIT P17 COPY OF THE LETTER E-MAILED TO THE 1ST RESPONDENT BY THE PETITIONER.** - **EXHIBIT P18 COPY OF THE APPLICATION FILED BY ONE NANDAKUMAR FILED UNDER RIGHT TO INFORMATION ACT.** - **EXHIBIT P19 COPY OF THE REPLY TO EXHIBIT P18 APPLICATION ISSUED BY THE PUBLIC INFORMATION OFFICER/ASSISTANT DEVASWOM COMMISSIONER, VAIKOM GROUP DATED 16/12/2020** **EXHIBIT P20 COPY OF THE SCREEN SHOTS OF GURUKULAM WHATSAPP GROUP** W.P.(C).Nos.28897 & 29021/2020 15 - **EXHIBIT P21** - **COPY OF THE SCREEN SHOTS OF THAVILANDAM WHATSAPP GROUP** - **EXHIBIT P22** **COPY OF THE NOTIFICATION OF THE RANK LIST ISSUED BY THE 2ND RESPONDENT DATED 13/6/2018** - **EXHIBIT P23 COPY OF THE COMPLAINT FILED BY MR.RAJEEV BEFORE 1ST RESPONDENT** - **EXHIBIT P24** - **COMPACT DISC CONTAINING THE COMMUNICATION OF WHATSAPP CHAT OF THE 3RD RESPONDENT WITH RESPECT TO THE TEACHING AND MODE OF PAYMENT OF FEES AND BANK DETAILS.** - **EXHIBIT P25** - **VADYA VISARADA (THAVIL) CERTIFICATE ISSUED BY THE DIRECTOR OF GOVERNMENT EXAMINATION, ADDITIONAL SECRETARY (WITH ENGLISH TRANSLATION AND TYPEWRITTEN COPY)** - **RESPONDENT'S EXHIBITS:** - **EXHIBIT R4(a):** - **TRUE COPY OF THE CERTIFICATE DATED 10/12/2019 ISSUED BY SHRI.MAVELIKKARA K.GOPA KUMAR TO THE 4TH RESPONDENT.** - **EXHIBIT R4(b): TRUE COPY OF A CERTIFICATE DATED 10/04/2010 ISSUED BY THE DIRECTOR RELEVANT SCHOOL OF MUSIC & MODERN TECHNOLOGY SASTHAMKOTTA, KOLLAM TO THE 4TH RESPONDENT.** - **EXHIBIT R4(c): TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY RELEVANT SCHOOL OF MUSIC & MODERN TECHNOLOGY SASTHAMKOTTA, KOLLAM TO THE 4TH RESPONDENT.** - **EXHIBIT R4(d): TRUE COPY OF THE EXPERIENCE CERTIFICATE GURUVAYOOR SREEKRISHNA SWAMY TEMPLE, THEVALAKKARA, KOLLAM TO THE 4TH RESPONDENT.** - **EXHIBIT R4(e): TRUE COPY OF THE NEWS ITEM PUBLISHED BY MATRUBHOOMI NEWS PAPER DATED 21/10/2014.** 16 W.P.(C).Nos.28897 & 29021/2020 **EXHIBIT R4(f): A TRANSCRIPT OF THE TELEPHONIC CONVERSATION MADE BY SHRI.OCHIRA SIVADASAN TO THE 4TH RESPONDENT ON 18/11/2020.** ## **APPENDIX OF WP(C) 29021/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE CERTIFICATE ISSUED BY THE KANCHI KAMAKODI PEEDOM ASHTHANA VIDWAN KAVALAM B SREEKUMAR TO THE 2ND PETITIONER. EXHIBIT P2 COPY OF THE CERTIFICATE ISSUED BY THE GURUVAYOOR DEVASWOM VADYA KALA VIDYALAYAM. EXHIBIT P3 COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.11.2020. EXHIBIT P4 COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER BEFORE 1ST RESPONDENT DATED 19.11.2020. EXHIBIT P5 COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE 1ST RESPONDENT. EXHIBIT P6 COPY OF THE NOTIFICATION OF THE SELECTION LIST ISSUED BY THE 2ND RESPONDENT DATED 18.12.2020 IN CATEGORY NO.26/2020. EXHIBIT P7 COPY OF THE NOTIFICATION ISSUED BY THE RESPONDENT BOARD DATED 18.12.2020 IN CATEGORY NO.25/2020. EXHIBIT P8 COPY OF THE RELEVANT PAGES OF PRINTOUT OF THE WHATSAPP GROUP KNOWN AS THAVILNADHAM. EXHIBIT P9 COPY OF THE JUDGMENT OF THIS HONOURABEL COURT IN WPC NO.33546 OF 2019 DATED 13.07.2020. EXHIBIT P10 COPY OF JUDGMENT OF THIS HONOURABLE COURT IN WA NO.1086 OF 2019 DATED 8.10.2020.** True copy PS to Judge