V.K. Bali, C.J. (Oral)

Ranjith.V., the petitioner herein, has filed this petition under Article 226 of the Constitution of India challenging the vires of Rule 4(1) of the Rules under the Travancore-Cochin Hindu Religious Institutions Act, 1950 (Exhibit P3) as violative of Article 16(2) of the Constitution of India.

2. The brief facts culminating into the filing of the present petition would reveal that the Travancore Devaswom Board, the 2nd respondent herein, is an 'other authority' answering the definition of 'State' under Article 12 of the Constitution of India. The Board has been constituted under Section 4 of the Travancore Cochin Hindu Religious Institutions Act, 1950, hereinafter referred to as 'Act of 1950', for the purpose of administration, supervision and control of incorporated and unincorporated Devaswoms and other Hindu religious endowments and funds. Secular functions relating to administration, supervision and control of religious institutions in the Hindu religion are thus entrusted with the 2nd respondent Board. After referring to the constitution of the Board, it has further been pleaded that the constitution of the Devaswom Fund has been dealt with unde