Kerala High Court Allows Travancore Devaswom Board To Continue Selection Process Of Melsanthies Of Sabarimala, Malikappuram Temples

The Sabarimala and Malikappuram Temple come under the Travancore Devaswom Board, and traditionally Melsanthies of the temples are selected every year. The selection process for this year was conducted on September 25, 2024.

The Division Bench of Justice Anil K.Narendran and Justice P G Ajithkumar directed the Travancore Devaswom Commissioner to publish the select lists on the official website of the Travancore Devaswom Board within Saturday (12 October).

“Travancore Devaswom Board shall proceed with the draw of lots which is scheduled to be held on 17.10.2024, which shall be conducted in terms of the direction contained in the earlier orders of this Court, in the presence of the learned Observer and also the Special Commissioner, Sabarimala.”

The Court passed the above order in a suo moto case based on the report of the Sabarimala Special Commissioner. There was a complaint that a few candidates who do not have the required 10 years of continuous experience as Melsanthi within a period of 12 years as stipulated in the notification were also included in the list of candidates to be interviewed for the post of Melsanthies.

The Court examined the precedents on the selection of Melsanthies and found that in Mohandas Embranthiri v Travancore Devaswom Board (2001), the Travancore Devaswom Board being an entity of the State under Article 12 of the Constitution, has to follow proper procedure for the selection of Melsanthies.

Initially, the procedure was to select candidates with basic qualifications for the interview and selection will not be made from the short-listed candidates on the basis of a lot in front of the Sanctum of the Temple. This procedure was challenged before the Apex Court in Civil Appeal No.2570-71 of 2003. The matter was sent for mediation and it was disposed of in 2011 based on the agreed Terms of Settlement. This was also held in Krishnan Namboothiri S. v Travancore Devaswom Board & Ors (2015).

The Court in Rajesh J. Potty v. Travancore Devaswom Board (2018) stated that the essential basic qualification for attending the selection process was to ensure that only persons with the best stature and most experience were identified and appointed as Melsanthies.

Based on the precedents, the stipulation for selecting Melsanthi is that the candidate must have 10 years of continuous experience as Melsanthi within a period of 12 years in a temple which opens twice daily and has three poojas and where the public has the right to worship.

In Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit and another (2022), the Court noted that Devaswom Board shall not permit any candidate to substitute their experience certificate enclosed along with the application and that it must be in the specified format as given in the notification.

The Court found that select lists to the post of Melsanthi of Sabarimala Devaswom consists of 25 candidates and select list to the post of Melsanthi of Malikappuram Devaswom consists of 15 candidates. The list also contains the interview marks of each candidate.

The Court found that the Devaswom Board contrary to the directions in Travancore Devaswom Board v Deputy Examiner (supra) permitted candidates to file fresh experience certificates who failed to file them in prescribed formats. It noted that such candidates were also selected for the interview and that their names were also included in the select lists. The Court thus held that their inclusion in the select list would be subject to further orders of the Court.

As such, the Court directed the Registrar (Judicial) to hand over the sealed cover containing the original select lists of the candidates for the draw of lots for the selection of Melsanthies to the Travancore Devaswom Board Counsel who shall hand it over to the Devaswom Board Commissioner. The Court stated that the Devaswom Board Commissioner shall publish the names of candidates on the select list on the website of the Travancore Devaswom Board.

"In the above circumstances, subject to the further orders to be passed in this SSCR, we grant permission to the Devaswom Commissioner to publish the select lists of the candidates for the draw of lots scheduled to be held on 17.10.2024 for selection as Melsanthies of Sabarimala and Malikappuram Devaswoms for the year 1200ME (2024-25), subject to the condition that the inclusion of the names of additional respondents 5 and 6, namely,...... and ..... in those select lists will be subject to further orders to be passed in this SSCR", said the Court.

The matter has been posted to October 14.

Case Number: SSCR NO. 67 OF 2024

Case Title: Suo Moto v State of Kerala

Click here to Read/Download Order