Kerala High Court Issues Directions To Ensure Fairness In Selection Of Melsanthies Of Sabarimala, Malikappuram Temples

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. The said procedure was challenged before the Apex Court in Civil Appeal No.2570-71 of 2003. The Apex Court sent the matter for mediation and it was disposed in 2011 based on the agreed Terms of Settlement.

“The said ‘Terms of Settlement’ fundamentally related to composition of selection committee for interviewing and 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 Court further considered the decision in Krishnan Namboothiri S. v. Travancore Devaswom Board & Ors (2015) and observed that selection for Melsanthies cannot be treated merely as a selection of public employment, refusing to interfere with the selection procedure, the Court noted that the purpose of selection has to be borne in mind while interpreting the Terms of Settlement arrived at Mediation earlier.

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. It observed that the stipulation that only a person, who has 12 years of experience as a Santhi, out of which 10 years being continuously served as a Melsanthi (Head Priest) of another temple was required for selecting Melsanthies with absolute devotion and competence.

The Court was informed that 43 applicants have been selected after the Vigilance Inquiry who were recommended for the interview on September 14 and 15 of 2023 at the Travancore Devaswom Board Head Office. After the interview, a shortlist will be prepared and Melsanthies will be selected by draw of lots before the Sanctum of the Temple.

The Division Bench held that the earlier directions of the Court and Terms of Settlement in Civil Appeal No.2570- 71 of 2003 were to be strictly followed.

“We are of the view that, in the matter of selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1199 ME (2023-24), 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 .. are to be strictly followed by the Selection Committee.”

On perusing the above, the Court issued the following directions:

1. Due to the COVID-19 pandemic, the Senior Raja of Pandalam Royal Family was permitted to depute two male children above the age of 10 years to draw the lots for selection of Melsanthies. As the pandemic situation was over, the Court directed that a male child below the age of 10 years for Sabarimala and a female child below the age of 10 years for Malikappuram could be deputed by the Raja for drawing the lots.
2. The constitution of the Selection Committee of interview, and award of marks in the interview are to be in consonance with the earlier orders of the Court and based on the Terms of Settlement arrived at the mediation.
3. Hon’ble Justice K. Padmanabhan Nair, former judge of the Court, was appointed as the Observer to oversee the selection proceedings for interview and also during the drawing of lots.
4. After the interview, the Observer was requested to file a report before the Court before the lots were taken so that the mark list could be verified by the Court to ensure that marks were not awarded excessively to any particular candidates.
5. Entries in the mark sheet of the interview shall be made by ballpoint pen only and mark sheets shall be counter-signed by the Observer and will be kept in the safe custody of the Commissioner of Travancore Devaswom Board.
6. The entire selection process of the interview shall be video graphed and Special Commissioner, Sabarimala shall submit a report to the Court after the interview.
7. The Commissioner of Travancore Devaswom Board shall produce a CD of the selection proceedings, mark lists of the interview and a short list of candidates selected in the interview before the Court, in a sealed cover, on or before October 15, 2023. Only after this, lots will be drawn, subject to the orders from the Court, after perusal of the report of the Observer and other materials.

On the above observations, the Court disposed of the case and directed the Special Commissioner to file a fresh report before the Court after the interview seeking for further directions from the Court.

Counsel for the respondents: Senior Government Pleader S Raj Mohan, Counsel for Travancore Devaswom Board, Advocate G Biju and Amicus Curiae N Raghuraj

Citation: 2023 LiveLaw (Ker) 509

Case title: Suo Moto V State of Kerala

Case number: SSCR NO. 23 OF 2023

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