IMPORTANT POINT
The court established that the appointment of the Devaswom Commissioner must comply with statutory provisions, reflecting the Board's fiduciary duty to manage religious institutions responsibly and protect the interests of the deity and devotees.

ORDER :

Anil K. Narendran, J.

This DBP is registered suo motu, in terms of the directions contained in the judgment of this Court dated 25.03.2024 in O.P.No.3821 of 1990, in the matter of Travancore Devaswom Board and Cochin Devaswom Board - regarding the constitution of High Power Committee for Implementation of Sabarimala Master Plan, appointment of Special Commissioner, Sabarimala, appointment of Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board and also matters in relation to the appointment of Chief Commissioner, in the absence of an elected Board in the Travancore Devaswom Board and Cochin Devaswom Board and also the appointment of Devaswom Commissioners. O.P.No.3821 of 1990 was registered suo motu, vide order dated 11.04.1990, in the matter of Travancore Devaswom Board and Cochin Devaswom Board, on the illegalities, embezzlements and irregularities in the administration noticed during the consideration of audit reports.

2. On 25.05.2024, when this DBP came up for consideration, this Court noticed that the post of Devaswom Commissioner in Travancore Devaswom Board is lying vacant. The learned Standing Counsel for the Travancore Devaswom Board submitted that the Board has already made a requisition before the 1st respondent State for the deputation of an Additional Secretary to the Government from the Administrative Secretariate. The learned Senior Government Pleader submitted that the said requisition is pending consideration before the Government.

3. On 31.05.2024, along with a memo filed by the learned Senior Government Pleader, the panel containing the names of two Additional Secretaries to Government from the Administrative Secretariate, for appointment on deputation basis as the Devaswom Commissioner, Travancore Devaswom Board, was placed on record. The learned Standing Counsel for the Travancore Devaswom Board sought time to get instructions.

4. By the order dated 10.06.2024, the learned Senior Government Pleader was directed to place on record the details of those who held earlier the post of Devaswom Commissioner, Travancore Devaswom Board, on deputation from the Administrative Secretariate. Based on that direction, the learned Senior Government Pleader has made available for the perusal of this Court the details of those who held the post of Devaswom Commissioner on deputation for the period 2013-23 after furnishing a copy of the same to the learned Standing Counsel for Travancore Devaswom Board. The learned Standing Counsel has also pointed out the preference of the Board, as stated in the written instructions dated 06.06.2024, for the person to be appointed as Devaswom Commissioner on deputation from the Administrative Secretariate.

5. On 21.06.2024, the learned Senior Government Pleader sought time to place on record detailed service particulars of two Additional Secretaries to Government, included in the panel, for appointment as Devaswom Commissioner on deputation, which was furnished along with a memo dated 21.06.2024.

6. Heard the learned Senior Government Pleader for the 1st respondent State and the learned Standing Counsel for the Travancore Devaswom Board for the 2nd respondent on the service particulars and other aspects of two Additional Secretaries to Government included in the panel and also the submission made by the learned Standing Counsel regarding the preference of the Board among the persons included in the panel.

7. The Travancore-Cochin Hindu Religious Institutions Act, 1950, enacted by the State Legislature, makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with the duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the reli