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1969 Supreme(Ker) 252

V.P.GOPALAN NAMBIYAR
P. K. Damodaran Namboodiri – Appellant
Versus
The Devaswom Commissioner Travancore Devaswom Board – Respondent


JUDGMENT

V.P. Gopalan Nambiyar, J.

1. The Sabarimalai Sastha Temple is a temple of great sanctity and repute throughout this State, under the administration and management of the second respondent, the Travancore Devaswom Board. Applications were invited for the appointment of a Mel Santhi in the temple for the year 1145 M.E. (1969-70). Ext. P-1 is a copy of the notification appearing in one of the vernacular papers circulating in this State, which sets out the qualifications and the terms and conditions for the appointment. It is enough to call attention to two conditions stipulated, viz. (1) that candidates called for interview should deposit Rs. 500 (five hundred) in the office of the Devaswom Board, which amount would be forfeited irrespective of the result of the interview; and (2) that the candidate appointed should contribute in advance a sum of not less than Rs. 15,000 (fifteen thousand) towards the Sabarimalai Amenities Fund. It is claimed that these conditions are not warranted by the statutory provisions governing the appointment, and violate, besides, the petitioner's fundamental rights under Articles 14 Board and 16 of the Constitution. The petitioner prays for issue of




























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