Kerala High Court
Vasudevan K.P.R vs The State Of Kerala on 19 June, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940
WP(C).No. 35485 of 2007
PETITIONER:
VASUDEVAN K.P.R.,
KIZHAKEPUSHPAKAM, VENMANAD, P.O.
PAVARATTY, THRISSUR DISTRICT - 680 507.
BY ADVS.SRI.K.JAYAKUMAR
SMT.V.DEEPA
SMT.GEETHA P.MENON
SRI.P.B.KRISHNAN
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY
THE SECRETARY, DEARTMENT OF DEVASWOM,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (A),
DEPARTMENT, KOZHIKODE - 673 020.
3. THE DEPUTY COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (A),
DEPARTMENT, KOZHIKODE - 673 020.
4. THE ASSISTANT COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (A),
DEPARTMENT, KOZHIKODE - 673 020.
5. THE SUPERINTENDENT,
HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (A),
DEPARTMENT, KOZHIKODE - 673 020.
6. P.GOPALAKRISHNAN, PULIYATHU VEEDU,
CHETHALLUR P.O., PALAKKAD.
7. VENU.K., MEETHALAVAYALIL,
'SREEKRISHNA', NADAVATHOOR, KOYILANDY,
KOZHIKODE - 673 330.
8. MURALIDHARAN V.K.,
VARAYALAMKEEZHULIL,PANANGADU, NIRMALLUR, KOZHIKODE.
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WP(C).No. 35485 of 2007
9. VASUDEVAN NAMBOOTHIRI A., ADIMANA ILLAM,
MAMBARAM P.O., KANNUR - 670 741.
10. T.M.SATHYANARAYANAN,
SREE MARIYAMMA KSHETHRAM, KANHANGADU P.O.,
KASARAGOD - 671 315.
11. T.C.KRISHNAVARAMARAJA,
SREE PALLIKKARA BHAGAVATHY TEMPLE,PALLIKKARA P.O.,
NEELESWAR - 671 314.
12. BABURAJAN K.V.,
SREE SANKARANARAYANA TEMPLE, RAMANTHALI, KANNUR.
13. V.BABURAJAN, MADATTU VEEDU,
PANTHEERANKAVU.P.O., KOZHIKODE - 673 019.
14. P.SURENDRAN, PATINHAREKALATHILTHODI
VEEDU, VALILLAPUZHA P.O., AREEKODE (VIA)
15. M.NARAYANAN, SREE MADIYANKOOLAM TEMPLE,
KANHANGAD, KASARAGOD.
16. RAJAN.P.,
SREE THRIKKANNAD THRAYAMBAKESWARA TEMPLE, P.O.BEKAL,
KASARAGOD - 671 318.
17. NARAYANAN NAMBISSAN.E., 'SARANAM',
KADAMBATH, EDAKKADU P.O., KOZHIKODE - 673 005.
18. BALAKRISHNAN V.K., VALIYAKAMBRATH
HOUSE, SIDHASAMAJ P.O., VADAKARA - 673 104.
19. SADANANDAN K.C., AISWARYA,
ARATTUTHARA P.O., MANANTHAVADY.
20. K.UNNIKRISHNAN VARIER,
SREE SANKARANARAYANA TEMPLE, RAMANTHALI, PAYYANNUR.
21. P.MURALEEDHARAN,
SREE VEERABHADRA TEMPLE, CHERUVATHUR, KASARAGOD.
22. P.EASWARAN EMBRANTHIRI,
SREE PALLIKARA BHAGAVATHY TEMPLE, PALLIKKARA P.O.,
NEELESWAR - 671 314.
23. P.T.MURALEEDHARAN, T.T.K.DEVASWOM,
THALIPARAMBA P.O., KANNUR - 670 141.
24. RAMANATHA SHETTY M.T.,
SREE SADASIVA TEMPLE, MANGALPADY P.O., KASARAGOD.
25. MANOHARAN.M., NEDIYENGA SREE CHUZHALI
BHAGAVATHY TEMPLE, P.O.NEDIYEENGA.
WP(C).No. 35485 of 2007
*ADDL.RESPONDENTS 26 TO 36 IMPLEADED
26. H.SHYAM BHAT,
SREE GAESH,R.D. NAGAR, KUDLU, KASARGOD.
27. A SYAMALA,
ANABHAGATH HOUSE, VALILLAPUZHA , MALAPPURAM.
28. P.RAVEENDRAN,
PARATHODIYIL HOUSE, LAKKIDI, PALAKKAD.
29. P.N. NEELAKANTAN NAMBEESAN,
KAYPATTEPUSHPAKOM, P.O. VILAYUR WEST, PALAKKAD.
30. N.KRISHNA KUMARAN,
KOVILKUNDU, KALPATHY, PALAKKAD.
31. K.C. HARIDASAN,
NELLERI MADATHIL, MENAPRUM, CHOKLI, KANNUR.
32. P.CHANDRANUNNI,
PADINHARE MADHOM, PATTAMBI, PALAKKAD.
33. P.L.NARAYANAN,
PUZHAVAKKATH MADHOM, TRIKKARIPPOOR, MANJERI, MALAPPURAM.
34. K.GOPINATHAN EMBRANTHIRI,
THAYANKAVU MADHOM, THENKURUSSI, PALAKKAD-678 671.
35. SYAM KERALA VARMA K.,
WESTERN KOVILAKOM, CHIRAKKAL, KANNUR.
36. T.MANIKANDAN, THEKKANANGADI,
KADAMPAZHIPPURAM, PALAKKAD.
* ADDL.RESPONDENTS 26 TO 36 IMPLEADED AS PER ORDER DATED 19.06.2009
IN I.A.NO. 6976/09
R1 BY SENIOR GOVERNMENT PLEADER SRI.B.VINOD
R2 TO R5 BY SRI.V.KRISHNA MENON, SC
SRI.K.MOHANAKANNAN,SC
SRI.KRISHNAKUMAR.S, SC
R2 TO R5, ADDL 26 BY ADV. SRI.R.LAKSHMI NARAYAN, SC
R6 BY ADV.SRI.R.ARUN RAJ
R7 TO 20,22,24 & 25 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR,
SRI.P.G.RAJAGOPALAN
R21 BY ADV. SRI.M.VIJAYAKUMAR
R26,R35 BY ADV. SRI.MAHESH V RAMAKRISHNAN
R27,29,34,36 BY ADVS. SRI.M.RAMESH CHANDER,
SRI.ANEESH JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-03-2018,
ALONG WITH WP(C) 25821/2017, THE COURT ON 10-04-2018 DELIVERED
THE FOLLOWING:
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WP(C).No. 35485 of 2007
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 14.02.2005 SUBMITTED
BY THE PETITIONER FOR THE POST OF EXECUTIVE OFFICER
GRADE V UNDER RESPONDENT NO.2
EXHIBIT P2 TRUE COPY OF THE NOTICE NO. HRH 7/212/2005 ISSUED BY
RESPONDENT NO.2 DIRECTING THE PETITIONER TO APPEAR FOR
INTERVIEW ON 05.02.2007.
EXHIBIT P3 TRUE COPY OF THE CHARACTER CERTIFICATE DATED -03.02.2007
ISSUED TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE PAGE NO.1 OF SSLC BOOK OF THE
PETITIONER BEING AGE PROOF.
EXHIBIT P5 TRUE COPY OF THE B.A.HUMANITIES DEGREE CERTIFICATE
ISSUED TO THE PETITIONER BY THE CALICUT UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE RANKED LIST OF PROMOTEES AS EXECUTIVE
OFFICERS FROM THE TEMPLE EMPLOYEES, 2007 ISSUED TO THE
PETITIONER BY THE OFFICE OF RESPONDENT NO.2.
EXHIBIT P7 TRUE COPY OF LETTER NO. HRJ-2-301/RTI/07 DATED
09.11.2007 ISSUED BY RESPONDENT NO.2.
EXHIBIT P8 TRUE COPY OF THE MARK LIST EVIDENCING AWARD OF MARKS BY
THE SELECTION COMMITTEE.
EXHIBIT P9 DATED NIL-6-1999, TRUE COPY OF THE RANK LIST OF TEMPLE
EMPLOYEES FOR THE POST OF EXECUTIVE OFFICERS.
RESPONDENT'S EXHIBITS
EXHIBIT R34(A) TRUE COPY OF THE RANK LIST (OMITTING UNNECESSARY NAMES)
EXHIBIT R34(B) TRUE COPY OF THE ORDER NO. H.R.H. 7/212/05 OF THE 2ND
RESPONDENT DATED 30.11.2007.
/TRUE COPY/
PS TO JUDGE
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12/4/2018
A.MUHAMED MUSTAQUE, J.
=========================
W.P.(C).Nos.35485/2007 & 25821/2017
~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 10th day of April, 2018
J U D G M E N T
These writ petitions concern appointment of Executive Officers in various temples under the Malabar Devaswom Board. In W.P. (C).No.35485/2007, the petitioner challenges appointment of the Executive Officers, who are arrayed as party respondents in the writ petition alleging that they were selected after a farcical interview. According to the petitioner, the selected candidates owe allegiance to the then ruling party, Communist Party of India (Marxist). It is further alleged that a list was provided from the party office and those candidates came to be appointed through the back door. When the matter was listed for hearing, the learned Senior Counsel appearing for the petitioner pointed out the Government's interference in W.P.(C).Nos.35485/2007 & 25821/2017 -:2:- subsequent appointments of the Executive Officers on the ground of nepotism and favouritism, and a government order issued in that regard is challenged in W.P.(C).No. 25821/2017. In that view of the matter, this Court had ordered the above writ petition to be tagged along with W.P.(C).No.35485/2007. (2) The grounds of challenge in both the writ petitions are different though, it is related to appointment of the Executive Officers in Malabar Devaswom Board by way of promotion. The common issue in both the writ petitions is with regard to transparency of selection. Taking into account the challenge as above, it is expedient to dispose both the writ petitions by a common judgment. Though, these matters were posted together, it was heard on different occasions due to inconvenience of counsel appearing for the parties.
(3) W.P.(C).No.35485/2007 is filed by a Kazhakom at Sree Muzhappilangad Bhagavathi Temple. The Malabar Devaswom Board invited W.P.(C).Nos.35485/2007 & 25821/2017 -:3:- applications from the employees working in various temples under the Board for appointment by promotion to the post of Executive Officer Grade-V. The petitioner was not selected. According to the petitioner, Ext.P6 list was prepared at the behest of Malabar Devaswom Employees Union (CITU) affiliated to the Marxist party. The petitioner highlights as to the nature of the interview conducted. Ext.P8 is the list of marks awarded to different candidates, who had applied pursuant to the notification. The petitioner's case is that interview was conducted on different dates. On some days, the Commissioner of Malabar Devaswom Board was present and on certain days he was absent and therefore, the interview itself was farce. The question therefore, to be considered is whether interview was vitiated for any extraneous reasons or not. (4) In W.P.(C).No. 25821/2017, the writ petitioners challenge an order of the Government in a revision filed by the fourth W.P.(C).Nos.35485/2007 & 25821/2017 -:4:- respondent. By this order, the Government cancelled the rank list of the Executive Officers for appointment in various temples under the Malabar Devaswom Board. The petitioners were selected for appointment as Executive Officers. They are the employees under the Malabar Devaswom Board and selected to the above post by way of promotion from the lower grade.
(5) The reason for interference by the Government was on the ground that the rank list was not prepared through a fair and justifiable process. According to the Government, no interview is contemplated for such selection and therefore, awarding marks through interview is illegal and against the service rules. (6) As per the Rule 4(a)(1) under Section 100(2)(p) and (x)(ii) of the Madras Hindu Religious and Charitable Endowments Act, 1951 (for short, the b