ASOKAN R. Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner, who participated in the tender process pursuant to Ext.P1 notification dtd. 24/8/2023 issued by the 2nd respondent Devaswom Commissioner in respect of Balitharas in Pamba Manappuram for 'Pithru Tharpanam' during the Mandala-Makaravilakku festival season of 1199 ME (2023-24), has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 shortlist of candidates prepared pursuant to Ext.P1 tender notification. The petitioner has also sought for a declaration that the tender process conducted by respondents 1 and 2 to select Purohits to perform 'Pithru Tharpanam' and associated rituals at Sabarimala during the Mandala-Makaravilakku festival season is tainted with favouritism and is illegal and arbitrary; and a writ of mandamus commanding respondents 1 and 2 to formulate appropriate protocols and guidelines to conduct the recruitment process.

(2.) On 26/10/2023, when this writ petition came up for admission, the petitioner filed I.A.No.1 of 2023 seeking an order to impleaded additional respondents 7 to 22. The learned counsel sought adjourned to get instruction as to the mode in which the notice could be taken to the said additional respondents sought to be impleaded. The learned Standing Counsel for Travancore Devaswom Board submitted that the Board suspects cartel formation by the bidders. Having considered the submissions made at the Bar, by the order dtd. 26/10/2023, the learned Standing Counsel was directed to make available for the perusal of this Court, the files relating to Ext.P3 list of eligible candidates.

(3.) On 30/10/2023, when this writ petition came up for consideration, this Court passed a detailed order restraining the 1st respondent Travancore Devaswom Board from proceeding further with Ext.P3 shortlist for a period of one week. The learned Standing Counsel for Travancore Devaswom Board entered appearance for respondents 1 to 3 and the learned Senior Government Pleader entered appearance for additional respondents 23 and 24. By the order dtd. 30/10/2023, urgent notice by special messenger was ordered to respondents 4 to 6 and also to additional respondents 7 to 22, returnable by 1/11/2023. In addition to that, service of notice on the said respondents was ordered through the concerned Station House Officer, considering the urgency of the matter since Mandala- Makaravilakku festival season of 1199 ME (2023-24) will commence on 16/11/2023. On 30/10/2023, this Court perused the files handed over by the learned Standing Counsel and the same was directed to be retained in the safe custody of Registrar (Judicial).