SUO MOTU Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) Issues intrinsically intertwined involve in the SSCR as also in the DBA. The matter relates to the selection of Melsanthies to Sabarimala and Malikappuram Devaswoms for the year 1196 M.E. (2020-21). The Sabarimala Special Commissioner submitted a report regarding the steps to be taken to ensure fairness, transparency and adherence to the prescribed guidelines for the interview for selection of Melsanthies for the aforesaid Devaswoms, referring to the order of the Hon'ble Apex Court in Civil Appeal No. 2570-2571 of 2003; the report submitted by Hon'ble Mr. Justice K.T. Thomas, a former Judge of the Hon'ble Supreme Court of India, pursuant to the orders of the Apex Court therein; the order in SSCR No. 17/2018 dated 29.10.2018 and the common order dated 26.07.2019 in DBA No. 7/2019 and SSCR No. 11/2019. Regarding the steps to be taken in the aforementioned matter the procedures have been prescribed in report submitted by Hon'ble Mr. Justice Sri. K.T. Thomas, after the mediation pursuant to the order of the Hon'ble Apex Court in the above mentioned Civil Appeals. Hence we, do not think it necessary to refer to such procedures, which are to be followed in the matter of selection of Melsanthies, in detail, in this order. At the same time, one aspect requires to be dealt with. Taking into account the situation created by COVID-19 pandemic and COVID protocol restrictions and the consequential difficulty in bringing children below the age of 10 years for drawing lot for selection of Melsanthies, the Senior Raja of Padalam Royal Family agreed to depute two male children above the age of ten years to draw the lots for selection of the Melsanthies to Sabarimala and Malikappuram Devaswoms. In view of the Covid protocol restrictions, it is not advisable to insist or to permit to bring children below the age of ten years for the purpose of drawing the lot and hence, we are of the view that the course suggested for the purpose of conducting draw of lot for the aforesaid purpose has to be approved. Accordingly, it is approved. However, we make it clear that this is permitted solely because of the present pandemic situations and therefore, needless to say that from next year onwards clause (f) in the aforesaid report shall be adhered to, in the aforesaid matter. Selection of Melsanthies for the Sabarimala and Malikappuram by draw of lots will be held from among the shortlisted candidates after the interview of candidates. Interview is scheduled to be held on 05.10.2020 and 06.10.2020 at the Head Office of the Travancore Devaswom Board (for short the 'TDB') in Thiruvananthapuram. Evidently, the constitution of the Selection Board and the mode of mark awarding system are all settled under the order of the Apex Court in Civil Appeal No. 2570-2571 of 2003 pursuant to the report of Hon'ble Mr. Justice K.T. Thomas, a former Judge of the Supreme Court of India; the orders of this Court in S.S.C.R. No. 17/2018 dated 29.10.2018 and in the common order in DBA No. 7/2019 and S.S.C.R. No. 11/2019 dated 26.07.2019. In terms of the order of the Apex Court in Civil Appeals referred above, the Selection Board should consist of three units, as hereunder :-

(2.) It is only appropriate to refer to a report submitted by the Observer appointed by this Court for the last year Hon'ble Mr. Justice R. Bhaskaran, a former Judge of this Court. From the report, it is evident that the learned Observer has noticed wide difference in the marks awarded by the three Thanthries at the time of interview. It is therefore, observed in the report 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, to ensure that the interview was conducted in a fair manner. Evidently, the suggestion is made with a bonafide intention to ensure that an upper hand was not actually given to any particular candidate by anyone by granting excessive marks.

(3.) We appoint Hon'ble Mr. Justice K. Padmanabhan Nair, a former Judge of this Court as the 'Observer' and request him to oversee the proceedings for the selection of Melsanthies, in the aforesaid two temples, for the year 1196 M.E. (2020-21). We also request him to be there in Sabarimala at the time drawing lots, if possible.