E M NARAYANAN NAMBOOTHIRI Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) D.B.P.No.1/2013 arises from C.D.B. Report No.1/2013 filed by the learned Ombudsman appointed for the Travancore and Cochin Devaswom Boards, in a petition filed by the Cochin Devaswom Board seeking approval of amendment to Clause 12 of Appointment and Transfer of Santhi Rules - Chottanikkara Temple - Chottanikkara Devaswom (hereinafter referred to as 'the Rules'). W.P.(C) No.29723/2012 is filed by the petitioner who is functioning as Melsanthi of a Temple under the Cochin Devaswom Board and a seniormost 'A' Grade Santhi. He is aggrieved by Ext.P4 proceedings of the Board informing that he is not eligible for the post of Melsanthi in Chottanikkara Bhagavathi Temple. He also challenges the validity of the rules for appointment of Santhies on various grounds.

(2.) First we will refer to the detailed facts stated in the report of the learned Ombudsman which is the subject matter of D.B.P.No.1/2013. Clause 12 of the Rules as of now, allows the Board to select Santhikars of Chottanikkara Temple from among the A grade Santhikars by drawing lots. Before getting the names included in the list of Santhikars for drawing lots, they should get certified by the thanthries at Chottanikkara Temple to the effect that they are fit for working in Chottanikkara Temple. The post will be filled up for a period of two years. They will be selected and posted for one term and also will be eligible for inclusion in the list of Santhikars for drawing lot for new terms also. A copy of the norms have been produced as Annexure I along with the petition filed by the Board. Clause 12 as now stands, is extracted below:

(3.) The main reason stated in the application filed by the Board for the proposed amendment is that there is scarcity of eligible candidates who belong to A grade Santhies. Learned Ombudsman has noticed that in similar applications filed earlier, this Court observed that attempts can be made to include all those who were being newly promoted as A grade Santhies. It is recorded in the report of the learned Ombudsman that even after making such attempt, from among seven 7 eligible applicants, only one candidate was found suitable. Minimum two persons have to work as Melsanthi and Keezhsanthi in alternate months. With regard to the screening test also, it is stated that no marks are awarded as the selection is by finding out whether the candidate can answer all the questions and if he is not able to answer all questions he is found to be ineligible.