IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 26181 of 2008(P) --------------------------------------- PETITIONER(S): ---------------------- 1. PRASANTH G.NAMBOOTHIRI S/O.GOVINDAN NAMBOOTHIRI, NEELAMANA ILLAM, KANDIVOOR,THATTARAMBALAM PO MAVELIKKARA. 2. T.C.VISHNU NAMBOOTHIRI S/O.T.C.KRISHNAN NAMBOOTHIRI, CHANDRAMANA ILLAM,MATTOM NORTH, THATTARAMBALAM PO,MAVELIKKARA. 3. SREEJITH NAMBOOTHIRI S/O.MADHUSOODANAN NAMBOOTHIRI SREEBHADRALAYAM,MUTHUKULAM NORTH CHOOLATHERUVU (PO) KAYANKULAM. 4. UNNIKRISHNAN NAMBOOTHIRI K.R S/O.RADHAKRISHNAN NAMBOOTHIRI MELEMADOM,MULAKUZHA (PO) CHENGANNUR. 5. PRAVEEN.G.NAMBOOTHIRI S/O.GOVINDAN NAMBOOTHIRI NEELAMANA ILLOM, KANDIVOOR,THATTARAMBALAM PO MAVELIKKARA. 6. SANKARAN NAMBOOTHIRI V.S. S/O.K.S.SANKARAN NAMBOOTHIRI CHELLIYODU MADOM, KEESHVANMAZHY, PANDANADU PO, CHENGANNUR. 7. VISHNU M. NAMBOOTHIRI S/O.MADHUSOODANAN NAMBOOTHIRI, PACHAMKULATHILLOM, MULAKUZHA PO,CHENGANNUR. BY ADV. MR.ANCHAL C.VIJAYAN RESPONDENT(S): ------------------------ 1. THE TRAVANCORE DEVASWOM BOARD NANDANCODU,THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. WP(C).No. 26181 of 2008(P) 2. THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD NANDANCODU, THIRUVANANTHAPURAM R1 & R2 BY ADV. MR.K.N.VENUGOPALA PANICKER, SC, TDB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, ALONG WITH WPC NO. 25395 OF 2009, THE COURT ON 26/11/2009 DELIVERED THE FOLLOWING: WP(C) NO. 26181/2008-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SLELECT LIST OF CANDIDATES FOR APPOINTMENT TO THE POST OF “SANTHI” DATED 23/06/2008. RESPONDENT'S ANNEXURE: ANNEXURE.I: COPIES OF THE CERTIFICATES ISSUED BY THANTHRI TO SIX CANDIDATES (06 IN NUMBERS). //TRUE COPY// P.S. TO JUDGE rs. P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26181 of 2008-P & 25395 of 2009-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2009. JUDGMENT Ramachandran Nair, J. In these two writ petitions, the issue raised is regarding the selection and appointment of Santhies under the Travancore Devaswom Board. The petitioners are persons who have been selected and found their place in the ranked list produced as Ext.P1. In W.P.(C) No.26181/2008, the main relief sought for is for a direction to the respondents to issue appointment order to the petitioners in the available vacancies of Santhis in the service of the Travancore Devaswom Board on the basis of Ext.P1 select list published by the first respondent. In W.P.(C) No.25395/2009, the petitioners seek for a direction to effect permanent appointment in continuation of the temporary appointment granted as per the interim order Ext.P2 passed by this Court in W.P.(C) No.26181/2008. 2. The notification was published by the Travancore Devaswom Board on 5.2.2008. 345 candidates applied for the post, out of which 335 candidates were selected for the interview, as 10 applications were rejected. WPC 26181/2008 & 25395/09 -2- The interview board consisted of the President and two Members of the Travancore Devaswom Board, the Devaswom Commissioner and an expert member, viz. a senior Thanthri Shri D. Sreedharan Namboothiri of Puthumana Illam. The notification was one for filling up 68 vacancies. The ranked list contained 204 candidattes. 3. In W.P.(C) No.26181/2008, pursuant to the direction issued by this Court, on behalf of the Board, a statement and an affidavit have been filed. On behalf of the Vigilance and Anti-corruption Bureau, an interim report dated 28.10.2008 and a further report dated 20.11.2008 were filed. These two reports have dealt with the investigation being done by the Vigilance and Anti-corruption Bureau in regard to the allegations raised in respect of the selection process. After verification of the documents in respect of the 204 candidates, a final report was submitted on 19.12.2008. Thereafter, we had passed an in interim order dated 2.1.2009. 4. In the above interim order, the Board was permitted to make appointment provisionally for a period of 179 days at a stretch to candidates included in Ext.P1 in accordance with the ranking therein. The same was subject to further orders to be passed in the writ petition and pending finalisation of the vigilance enquiry. We have also ordered that rank Nos.25, 69, 117, `131, 144, 145 and 178 should be excluded from WPC 26181/2008 & 25395/09 -3- such appointment. This interim order was passed in the light of the fact that there is dearth of Santhies in various Temples and therefore the vacancies will have to be filled up, as otherwise it will affect the functioning of various Temples. 5. Heard learned counsel for the petitioners, learned Senior Govt. Pleader appearing for the Vigilance and Anti-corruption Bureau and learned Standing Counsel for the Travancore Devaswom Board. 6. An affidavit has been filed by the Board pursuant to our interim order, wherein we directed the Board itself to verify the applications along with the certificates. In the interview conducted by the Board with the expert Member, 277 persons participated. 7. Learned Govt. Pleader has made available along with a letter dated 14.10.2009 of the Director, Vigilance and Anti-Corruption Bureau, a report of the action taken subsequent to the completion of the investigation. It is revealed from the said communication that the Vigilance Enquiry in VE 18/08/SIU pertaining to the enquiry into the allegation of corruption in the selection of Santhies of Travancore Devaswom Board was completed and submitted to the Director, Vigilance & Anti-Corruption Bureau on 25.2.2009 and the Director, Vigilance & Anti Corruption Bureau vide letter No.E 16(VE 18/08/SIU) 18578/08 dated 14.10.2009 has accorded sanction WPC 26181/2008 & 25395/09 -4- to register a Vigilance Case against suspect officers under Sections 13(1)(d) r/w 13(d) of Prevention of Corruption Act, 1988 and under Sections 468, 477 and 120(B) IPC. As per report candidates with rank Nos.45 - Shri Sumod S., 131 - Shri Binumon C., 145 - Shri Dileepkumar T.V. and 82 - Shri Vipin Das N.G., had produced forged certificates of Santhies and accordingly, a recommendation has been made to register case against some officers of the Board and S/Shri Sumod S., Binumon C., Vipindas N.G. and Dileep Kumar T.V. We do not wish to go into the merits of these statements, as they are matters pending further investigation. 8. Learned counsel appearing for the petitioners submitted that there is no justification for not granting regular appointment to candidates in respect of whom there are no proof in regard to the allegations. It is submitted that merely because of the allegations against a few candidates, the entire selection need not be nullified. It is also submitted that if appointment is not granted to such candidates, that will prejudice them. Pursuant to the interim order passed by this Court, temporary appointments have been made already and it is their plea that a direction may be issued to consider the eligible candidates for regular appointment. 9. Learned Standing Counsel for the Board submitted that the Board is in urgent need of full time santhies and therefore regular appointment WPC 26181/2008 & 25395/09 -5- may be permitted. The temporary arrangement, if continued indefinitely, will only add hardship of the candidates as well as the difficulties of the functioning of the Temples. It is therefore submitted that in respect of candidates against whom there are no complaints, regular appointments may be permitted. 10. We have considered the various aspects projected by the learned counsel on either side. There cannot be any dispute that candidates against who there are prima facie materials in the investigation by the Vigilance and Anti-corruption Bureau, cannot be permitted to be appointed as of now, as the post of Santhi is of vital importance for the proper conduct of poojas in Temples. In the light of the above, such persons should be excluded from consideration of permanent appointment. In our interim order dated 2.1.2009, we have directed seven candidates to be excluded from temporary appointment. They are rank Nos. 25, 69, 117, 131, 144, 145 and 178. Going by letter dated 14.10.2009 of the Director, Vigilance and Anti- corruption Bureau, rank Nos.45 and 82 apart from rank Nos.131 and 145, are also alleged to have produced forged certificates. 11. We are of the view that the regular appointment sought for by the petitioners and by the Board could be permitted to be effected from the rank list Ext. P1. The same will only result in better functioning of the WPC 26181/2008 & 25395/09 -6- affairs of various Temples, especially since there is dearth of Santhies in various Temples. Temporary appointments were permitted by us in view of the fact that the vigilance investigation was pending at that point of time. Now that the investigation and the verification of certificates, etc. of various candidates are over and the specific allegations are confined to only a few candidates, the other candidates against whom there are no complaints, need not be denied the right to have regular appointment in the service of the Board. 12. Therefore, the writ petitions are disposed of with a direction to the Travancore Devaswom Board to effect regular appointments of Santhies from the rank list Ext.P1 in existing vacancies after excluding the candidates, viz. rank Nos.25, 45, 69, 82, 117, 131, 144, 145 and 178. It is made clear that such appointment will be in terms of the rules in force governing the matter. No costs. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) WPC 26181/2008 & 25395/09 -7- kav/