IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 DBP.No. 57 of 2009() -------------------- (IN THE MATTER OF COCHIN DEVASWOM BOARD - PERMISSION FOR SELECTION AND APPOINTMENT OF SANTHIES IN THE CHOTTANIKKARA BHAGAVATHY TEMPLE - SUO MOTU PROCEEDINGS INITIATED) PETITIONER ------------ THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. BY ADV. SRI.K.GOPALAKRISHNA KURUP,SC FOR CDB RESPONDENT: --------------- THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, COCHIN DEVASWOM AUDIT, THRISSUR. GOVERNMENT PLEADER SRI. R. LAKSHMI NARAYAN. SRI.KRISHNAKUMAR MANGOT-AMICUS CURIAE FOR FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 16.11.2009, THE COURT ON THE SAME DAY, PASSED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. = = = = = = = = = = = = == == = = = I.A. NO. 3253/ 2009 (RENUMBERED AS D.B.P. 57/2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF NOVEMBER, 2009. O R D E R Raman, J. This is an application filed by the Secretary, Cochin Devaswom Board. D.B.A. 78 of 2007 was disposed of along with W.P.(C) 30116/2008, by our dated 22.10.2008. D.B.A. 78/2007 was filed by the Cochin Devaswom Board seeking permission to make selection of Santhies at Chottanikkara Temple due in October, 2007 by including all Santhies who completed five years of service in the zone of consideration and to amend the rule accordingly and also to reduce the period of appointment to one year from two years. This Court granted approval by an interim order except that of Melkavu Santhies subject to further orders. Therefore, what remained at the time of consideration of the DBA was as to whether approval should be given in the case of Melkavu Santhies. That was considered and approval declined for the reasons stated in the order. It was noticed that when Santhies are included in A, B and C Grades, there is some difference and further there was already a proposal to increase the number of A Grade Santhies by promoting eligible senior B grade DBP 57/2009 2 Santhies. Therefore, inclusion of B & C Grade Santhies by amending the Rule was not considered necessary. Therefore, nothing remains to be considered in DBA 78/2007. But we find that the present application after disposal of the DBA 78/2007 virtually could have been filed as a fresh DBA/DBP. True that whether it is a DBA / DBP or IA, is only for sanction. But for procedural purposes this is treated as a D.B.P. and the Registry will re-number the same as DBP. 2. Treating this as a DBP, we have considered the contentions as follows: There are two prayers made in this application , ie. (i) to permit the Board to allow the Melkkavu Santhies now in office to continue till 26.12.2009 for another 41 days as the change of Santhi is not permissible during Mandalam period and (ii) to permit the Board to conduct selection of Melkkavu Santhies of Chottanikkara Temple by issuing a fresh notification and also to permit the newly promoted 'A' grade Santhies to participate in the selection. 3. The application is supported by an affidavit. It is averred that the as per the report of the Thanthries, none of the applicants are found fit to be appointed as Melkkavu Santhies. The process of appointment of Melkkavu Santhies for the year 2008 was completed and for the present year ie. 2009-2010, the process of selection started. Though the DBP 57/2009 3 screening committee have considered the applications of seven thanthries, they were not found fit. As a result of the stalemate now created, in the absence of suitable candidates for selection by putting lot, I.A. 3063/2009 was filed seeking to modify the order dated 25.9.2007 and to permit the Board to conduct the selection of Melkkavu Santhies from among B Grade Santhies who are above 30 years of age and completed more than five years of service and who are not facing with any disciplinary action. 4. It is averred that the period of Melkkavu Santhies appointed in 2008 will expire on first Vrischikam and though seven applicants from A grade for selection as Melkkavu Santhi were screened on 14.10.2009 and 15.10.2009, nobody was found eligible and in such circumstances, it is stated that a modification to include B grade Santhies also in the zone of consideration is felt necessary. It is also averred that the hereditary thanthries are also of the opinion that selection could be made from other grades also after making proper screening. 5. Pending consideration, the matter was referred to Ombudsman who submitted CDB Report 132/2009. It is stated in the report that the Ombudsman tried to persuade the parties to arrive at a consensus since the new Melsanthi at Chottanikkara has to take charge on the 1st of DBP 57/2009 4 Vrischikam and to see whether a solution could be reached before that date, taking note of the fact that twelve days Bhajan is required by the selected Melsanthi before he takes charge. Some of the applicants who had appeared before the screening committee but found not fit, took the stand that as regards those who had worked as Melsanthies in the previous years in the same temple, yet another interview may not be required before their names are included in the lots to be taken. The Ombudsman did not agree with the said contention. In para 6 of the report, it is pointed out that similar contentions were turned down by a Division Bench of this Court in an earlier order, dated 4.9.2003. According to the thanthries and their counsel, though some of them might have worked earlier as Melsanthies, they could not answer completely all the questions and unless and until all the answers were complete irrespective of the gravity of the mistakes, they will not be found eligible for drawing lot. Further, there are Santhies working in B Grade temples who are having full knowledge of Poojas at Chottanikkara temple and it is pointed out that it is better to call for applications from them also. In the concluding paragraph, it is pointed out that it was agreed on all sides that if the Melsanthies of A grade had already appeared for the interview now conducted and are willing to apply DBP 57/2009 5 again after refreshing their memory, there is no objection for the Thanthries to interview them again. Therefore, it is suggested that the only option is to allow the Cochin Devaswom Board to modify the guidelines by allowing B Grade santhies who are above 30 years and who have completed five years of service also to attend the interviews. 6. When the matter came up for consideration, we have pointed out that the specific stand of the Devaswom while seeking amendment of the guidelines in the previous year was turned down by this Court, taking note of the fact that even according to them, there is a proposal to increase the number of A Grade Santhies by promoting B Grade Santhies, so that there will be more number of Santhies from A Grade, from which selection can be made. Further, qualifications are prescribed by statutory rules which are called guidelines and the same is contained in the notification issued. The Board was asked as to what is the stage of promotional exercise. Accordingly, they filed the present application praying to permit them to conduct selection of Melkkavu Santhi of Chottanikkara by issuing a fresh notification and also permitting the newly promoted A Grade Santhies to participate in the selection process and also to permit the present Santhies of Melkkavu to continue till 26.12.2009. These prayers alone are relevant to be considered. DBP 57/2009 6 7. In the affidavit filed in support of the petition, it is averred that new 42 temples are classified as A Grade temples and to the post of Santhies in the 42 temples, a total number of 59 'A' Grade Santhies are necessary. At present there are 33 numbers of A Grade Santhies in the service of the Cochin Devaswom Board and to meet the requirement there is a shortage of 26 number of A Grade Sathies. Therefore, it is proposed to promote the B and C Grade Santhies according to their seniority and subject to other eligibility condition. A provisional seniority list of B Grade Santhies who are to be provisionally promoted as A Grade Santhies is produced as Annexure XVI. It is therefore, submitted that Santhies included in the final list to be promoted as 'A' Grade Santhies can also be treated as eligible for selection and appointment as Melkkavu Santhies without any violation of the guidelines. 8. Some of the Santhies who have appeared before the screening committee have filed impleading petitions and we have heard the learned Senior Counsel Sri. M.K. Damodaran, and the learned counsel M/s. Krishna Moorthy, P. Haridas and P. Deepak appearing for the parties sought to be impleaded. The learned Standing Counsel appearing on behalf of the Cochin Devaswom Board was also heard. DBP 57/2009 7 9. We have considered the contentions raised by the parties as also the report of the Ombudsman, the previous order passed by this Court in DBA 78/2007 and also the decision of the co-ordinate Bench of this Court in W.P.(C). 26251/2003 and connected cases. 10. Clause (12) of the notification is only a re-production of the existing rule. This Court has already turned down the request to include B grade Santhies in the zone of consideration in DBA 78/2007. Since it is averred in the affidavit filed in the present application that there are vacancies to be filled up in the post of A Grade Santhies and some of the B and C Grade Santhies are provisionally to be promoted, we do not think that any amendment to the existing rule is necessary. The contention that A Grade Santhies who have already worked earlier in Chottanikkara Temple need not undergo the screening test has been turned down by this Court as noticed above. In para 10 of the said order it has been specifically observed as follows: "In the above view of the matter, we are of the view that Clause 12 is valid. One of the arguments made by certain persons is that they have been working as Melsanthis in the Chottanikkara earlier and hence, it is not necessary for them to get certificates from the Thanthris. We don't think, this argument can be accepted. If they had already been Melsanthis of Chottanikkara Bhagavathi DBP 57/2009 8 Temple, it will not be difficult for them to get the certificates from the Thanthris." Hence the finding on this issue has become final and is a binding precedent. In the result, this application is disposed of as follows: 1. Permission to continue the existing Santhies in the Melkkavu up to 26.12.2009 as sought for, is allowed. 2. The Board is permitted to re-issue the notification to conduct the selection of Melkkavu Santhies in Chottanikkara Temple enabling the provisional promotees also to participate in the selection process. Those who have already applied as against the earlier notification need not apply again and all of them will be called for the screening test along with the new applicants. 3. The screening committee will consist of two thanthries from the two thanthri families of Chottanikkara Temple of which the seniormost thanthri, as far as possible, shall attend the screening except for exceptional reasons. However, if any such exceptional reason arises he may nominate a person of his choice from the Family. Two other independent members are also to be included. They are : (1) K.P.C. Narayanan Bhattathirippad. DBP 57/2009 9 (2) T.K. Giridasan Namboothiri, Pudiyil Chenas Mana, Perumbavoor. 4. Before issuing notification, the Board shall ensure that the provisional promotion of eligible candidates to 'A' Grade has been made. 5. The Ombudsman will oversee the screening process. The questions to be asked by the Thanthri be submitted in writing to the Ombudsman before the screening starts. 6. Ombudsman is authorised to make any modification to the screening committee as constituted in the event of any exigency arises for the same. 7. The final selection is to be made by lot from the eligible candidates as found fit as per certificate and practice established. P.R. RAMAN, (JUDGE) P.R. RAMACHANDRA MENON, (JUDGE) KNC/-