SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue involved in SSCR No.67 of 2024 and W.P.(C)No.35934 of 2024 relates to the selection process of Melsanthies of Sabarimala and Malikappuram Devaswoms for the year 1200 ME (2024-25).

(2.) SSCR No.67 of 2024:- The Special Commissioner, Sabarimala has filed this report regarding the selection process of Melsanthies of Sabarimala and Malikappuram Devaswoms for the year 1200ME (2024-25).

(3.) W.P.(C)No.35934 of 2024:- The petitioner in this writ petition is currently serving as Melsanthi of Pulikkot Ayyappankavu Temple, Kollengode, since the year 2000. The petitioner has filed this writ petition challenging his non-inclusion in the select list of the candidates for the draw of lots for the selection of Melsanthi of Sabarimala Devaswom for the year 1200ME. Pursuant to the notification issued by the 2nd respondent Travancore Devaswom Board, the petitioner submitted Ext.P1 application dtd. 11/6/2024 for selection as Melsanthi of Sabarimala Devaswom. Based on that application, he was issued with Ext.P2 memo dtd. 12/9/2024 regarding the interview scheduled to be held on 25/9/2024. The petitioner participated in the interview. He answered all the questions asked by the three Tantries about the ritual and performance of poojas. The members of the Board also asked certain questions. Though the performance of the petitioner was satisfactory, his name was not included in the select list of candidates for the draw of lots. According to the petitioner, the elimination of his candidature is patently illegal and violative of fundamental rights guaranteed to him. The petitioner has also pointed out the proceedings pending before this Court in SSCR No.67 of 2024, based on the report filed by the Special Commissioner, Sabarimala and also the complaint dtd. 30/9/2024 referred to in the order dtd. 10/10/2024. In this writ petition, the petitioner is seeking an appropriate writ, order or direction to interfere with the illegal select list prepared by the Travancore Devaswom Board and to ensure that fairness and transparency are maintained in the process of selection of Melsanthi of Sabarimala Devaswom. The petitioner has also sought for a declaration that the entire process of selection as Melsanthi in Sabarimala Devaswom under the Travancore Devaswom Board is violative of Articles 14, 16, 19 and 21 of the Constitution of India and a writ of mandamus commanding respondents 2 to 4 to include the name of the petitioner also in the select list of the candidates for the draw of lots for selection of Melsanthi of Sabarimala Devaswom.