IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 4450 of 2005(D) ------------------------- PETITIONER: ------------ 1. SARATH C., AGED 21 YEARS, S/O.GANGADHARAN, "CHINMAYAM", MEDICAL COLLEGE POST, KOZHIKODE-8. 2. GOPESH KUMAR K., SREE LAKSHMI, CHELIYA, KOYILANDY, KOZHIKODE DISTRICT. 3. RANJITH KUNIYIL, KUNIYIL HOUSE, THUVAKKODE POST, KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.P.T.MOHANKUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMINISTRATION) DEPARTMENT, CIVIL STATION, KOZHIKODE. 3. THE ZAMORIN RAJA OF CALICUT, CHALAPPURAM, KOZHIKODE-2. ADDL. 4. KRISHNAN NAIR, AGED 78 YEARS, SON OF RAMUNNI NAIR, THAYYUTTATHIL HOUSE, THIRUVENGOOR POST, KOZHIKODE DIST. ADDL. 5 C.K. BALAKRISHNAN, AGED 50 YEARS, SON OF UNNI NAIR, SOUBHAGYA, P.O. THUVAKKODE, KOZHIKODE DIST. ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER ON IA 3579 OF 2005 DATED 23.3.05 BY ADV. SRI.M.G.ASHOKAN FOR ADDLR4&5 R1 AND R2 BY GOVERNMENT PLEADER SMT. SMITHA R3 BY ADV. SRI.M.C.SEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2008, ALONG WITH WPC NO. 4857 OF 2005 WPC NO. 29986 OF 2005 WPC NO. 5719 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE PHOTOSTAT COPY OF THE APPOINTMENT ORDER NO. A3-245/03 DATED 18.2.2003 ISSUED BY THE THIRD RESPONDENT APPOINTING THE FIRST PETITIONER. EXT.P2 DO.DO. APPOINTMENT ORDER NO. A3-210/03 DATED 18.2.2003 APPOINTING THE 2ND PETITIONER. EXT.P3 DO. APPOINTMENT ORDER NO. A3-211/2003 DATED 18.2.2003 APPOINTING THE THIRD PETITIONER. EXT.P4 TRUE PHOTOSTAT COPY OF THE ORDER DATED 17.8.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P5 DATED 24.8.2004 A TRUE PHOTOSTSAT COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT. EXT.P6 DATED 13.1.2005 A TRUE PHOTOSTAT COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. Nos. 4450,4857,5719 & 29986 OF 2005 -------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Ramachandran Nair,J. The challenge in these four Writ Petitions, two filed by Trustee and two filed by appointees, is against the order of the Deputy Commissioner under Section 20 and under Rules issued under Section 102(y) of the Hindu Religious and Charitable Endowment Act, cancelling the appointments made by Trustee, namely, Zamorin Raja of Calicut. The case of the petitioners is that under Section 48 of the Act, the Trustee is the ultimate authority to make appointments and appointments in these cases are made by following the procedure laid down in the Rules made under Section 102(y) of the Act. Petitioner in WPC 29986 of 2005 was appointed in the year 1997 and is continuing for the last 11 years. Similarly petitioners in WPC 4450 of 2005 were appointed in 2003 and are continuing under interim orders of this Court. The posts filled up by these persons are either that of Clerk, temple security, or store keeper. The Deputy Commissioner acted on complaint from somebody stasting that appointments are arbitrary and 2 without even calling for applications from among qualified persons. Admittedly the qualification prescribed is IIIrd Form or VIIIth Std. Senior counsel Sri. M.C. Sen appearing for the Trustee submitted that 32 temples are under the control of the Trustee and as and when vacancies arise in a temple publications are made in the same temple and appointments are made from among the applicants, who are mostly locals. Senior counsel also submitted that the post carries very low wages and there is hardly any demand for the same. In any case, we agree with the Deputy Commissioner that a fair procedure is required in appointment in as much as everyone eligible is given an opportunity to apply for the post. In these cases, there is controversy as to whether applications were called for and appointments were made in a fair manner. Even though the Deputy Commissioner has considered records pertaining to appointments before issuing orders cancelling those appointments, it is not known whether complainants were applicants for the post and whether they had any grievance against appointments. In any case, we do not think there is any justification to interfere with appointments of the petitioners in WPC 4450 and 29986 of 2005 more so because appointments were made by the Zomarin Raja of Calicut in exercise of powers under Section 48 of the Act and there 3 is nothing to indicate that any other eligible candidate applied for the post was denied an opportunity. In the circumstances, we dispose of the Writ Petitions by upholding the appointments of petitioners in WPC 4450 and 29986 of 2005 but with direction to the Trustee to follow fair procedure for selection and appointment of persons in 32 temples and it will be open to the Deputy Commissioner to interfere with appointments, subject to provisions of the Act and Rules. If any approval is required for appointments made , the same will be granted by the Deputy Commissioner. The Trustee shall make appointments only by way of replacement on account of retirement/death/resignation of the incumbent. If any new post is to be created, he will take prior approval of the Deputy Commissioner. In view of the above directions, Ext.P5 order produced in WPC No. 5719 and Ext.P7 order in WPC 4857 of 2005 are cancelled. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 4