Point of Law: The ‘Terms of Settlement’ arrived at between parties were placed on record along with report of Mediator. The said ‘Terms of Settlement’ fundamentally related to composition of selection committee for interviewing and awarding marks for selecting Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple.

JUDGMENT :

Anil K. Narendran, J.

The Travancore Devaswom Board has filed this DBA pursuant to the directions contained in the order of this Court dated 08.11.2021 in SSCR No.5 of 2021.

2. State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department, Government Secretariat, Thiruvananthapuram-695 001, is suo motu impleaded as additional 2nd respondent. Registry to effect necessary correction in the cause title.

3. The learned Senior Government Pleader enters appearance for the 1st respondent and also for the additional 2nd respondent.

4. The Special Commissioner, Sabarimala, filed SSCR No.5 of 2021 regarding the steps to be taken to ensure fairness, transparency and also adherence to the prescribed guidelines for the interview of candidates to be shortlisted for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1197 ME (2021-22). By the order dated 08.11.2021, this Court disposed of SSCR No.5 of 2021. In paragraph 17 of the said order, this Court recorded the final report of the learned Observer and also the detailed report of the Special Commissioner, Sabarimala. The said paragraph reads thus;

“17. After the interview held on 05.10.2021 and 06.10.2021 at the Travancore Devaswom Board Head Office, the learned Observer has filed a report along with selection proceedings and CD. After perusing the report and also the files relating to the interview of the short-listed candidates, by the order dated 13.10.2021 we have permitted the Travancore Devaswom Board to proceed with the draw of lots, which was held on 17.10.2021. After the selection of Melshanthis of Sabarimala and Malikappuram Temples the learned Observer has filed a final report on 20.10.2021, followed by a detailed report of the Special Commissioner, Sabarimala, which we have already extracted hereinbefore in paragraph No.8. The learned Observer, who viewed the live telecasting of draw of lots, has reported that it was arranged and completed by the Special Commissioner, Sabarimala in a foolproof manner. We deem it appropriate to record the final report of the learned Observer and also the detailed report of the Special Commissioner, Sabarimala.”

5. The qualification prescribed for selection as Melsanthi is that the applicant should be a person having service as Melsanthi for a continuous period of 10 years out of a total period of 12 years in a temple which opens twice daily and having three poojas and where public is having right to worship. In the order dated 08.11.2021 in SSCR No.5 of 2021 this Court found that the Travancore Devaswom Board shall prescribe a format for the certificate that has to be enclosed along with the application for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple showing the required experience of the candidates. The Board was directed to take a decision in that regard, as expeditiously as possible, at any rate, within a period of four months from the date of the said order, which shall be placed before this Court for approval. With the above direction, this Court disposed SSCR No.5 of 2021.

6. In the affidavit filed in support of this DBA it is stated that, in compliance with the direction issued by this Court in the order dated 08.11.2021 in SSCR No.5 of 2021, the Devaswom Commissioner prepared a format of the experience certificate, which was placed before the Board. The Board made certain modifications and thereafter it was decided to place Annexure A1 format of the experience certificate for the approval of this Court. By Annexure A2 proceedings dated 10.06.2022, the Board authorised its Law Officer to obtain approval of this Court for the format of the experience certificate to be submitted by the applicants along with their application for selection to the post of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple. In such circumstances, the Travancore Devaswom Board has filed this DBA, see