Selection of religious leaders must adhere to established guidelines ensuring fairness and transparency, mandating oversight by appointed observers to maintain the process's integrity.

JUDGMENT :

K. V. Jayakumar, J.

The Special Commissioner, Sabarimala, has filed this report regarding the steps to be taken to ensure fairness, transparency and adherence to the prescribed guidelines for the interview of candidates to be shortlisted for selection of Melsanthies at the Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1201 ME (2025-2026).

2. Sabarimala Sree Dharma Sastha Temple, which is situated inside Periyar Tiger Reserve, is a prominent pilgrim centre in Kerala, where lakhs of devotees trek the rugged terrains of Western Ghats to have darshan of Lord Ayyappa. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. By reason of the custom and tradition, Melsanthies of the Temples are selected every year. The tenure of the Melsanthies is for one year from the 1^st of Vrischikam to the 31^st of Thulam next year.

3. In Mohandas Embranthiri v. Travancore Devaswom Board , [2001 (1) KLT 203] , in the context of selection of Melsanthi of Sabarimala Sree Dharma Sastha Temple, a Division Bench of this Court held that the Travancore Devaswom Board, being a State under Article 12 of the Constitution of India, cannot choose any person as Melsanthi without any guidelines. For every year, the choosing of Melsanthi has to be done only after proper selection. The Division Bench noticed that the notification issued by the Travancore Devaswom Board inviting applications for the selection of Melsanthi of Sabarimala Sree Dharma Sastha Temple, for one year starting from 31^st Thulam, 1176, mentions the basic qualifications necessary for being selected and that, those who have got basic qualifications will be interviewed by the Committee, which will include the Thanthri. On the basis of the interview, a short list will be prepared. The selection will be made from the candidates included in the short list on the basis of lot in front of the sanctum sanctorum. The Interview Board should consist of persons who have knowledge of the subject on which the questions are put. The Division Bench noticed that the purpose of the interview is to get the best persons for the appointment of Melsanthi at Sabarimala Temple. The knowledge of the candidates in the three topics should be assessed, which can be done with the experts in the field.

4. The issue relating to the procedure for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple went up to the Apex Court. When a challenge was carried against earlier orders issued by this Court, the Apex Court by the order dated 15.11.2010 in Civil Appeal No.2570-71 of 2003 referred the matter for mediation. The ‘Terms of Settlement’ arrived at between the parties were placed on record along with the report of the 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. By the order dated 06.09.2011, the Apex Court disposed of Civil Appeal No.2570-71 of 2003 in terms of the ‘Terms of Settlement’ arrived at between the parties. The said ‘Terms of Settlement’ read thus;

"Terms of Settlement:-

1) The composition of the Selection Committee (for interviewing and awarding marks for selecting “Melsanthi” for both Sabarimala and Malikappuram temples) was one of the seriously contested issues. All parties, after detailed discussions, agreed to have the Selection Committee consist of the following persons:

A. i) President of TDB.

ii) The Member of TDB.

iii) The remaining Member of TDB.

iv) The Commissioner of TDB.

B. i) The Senior Thanthri of "Thazhamon Illam/Madom"

ii) The Junior Thanthri of "Thazhamon Illam / Madom"

C. The "Outside Thanthri" selected in the process indicated in Clause (a) of Para.2 below:

2) The following modalities have been agreed upon by all as to the formation of the Selection Committee:

a. The Thazhamon Illam (hereinafter referred to as