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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M.
Guruvayur Devaswom Employees Union Congress, Guruvayur – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. imposition of regulatory framework on religious institutions (Para 2 , 3) |
| 2. violation of article 26 through legislative measures (Para 5 , 6 , 7 , 8) |
| 3. justification of kdrb act's role and purpose (Para 9 , 10 , 11 , 12) |
| 4. special law prevails over general law; the act of 1978 governs appointments (Para 22 , 23 , 24 , 25) |
JUDGMENT :
SUSHRUT ARVIND DHARMADHIKARI, J.
1. The present intra-Court Appeal under Section 5 of the Kerala High Court Act 1958 arises out of the judgment dated 30.05.2025 passed in W.P.(C) No.20053/2025, whereby the writ petition filed by the appellants has been dismissed at the admission stage itself.
Brief Facts
2. The appellants herein are the petitioners in W.P.(C) No.20053/2025. The writ petition was filed seeking a declaration that Section 9 (1) of the Kerala Devaswom Recruitment Board Act 2015 (for short, ‘KDRB Act’) empowering the Kerala Devaswom Recruitment Board/ the second respondent to prepare select lists for the appointment of candidates to various posts in the Guruvayoor Devaswom and posts in aided educational institutions under the Guruvayoor Devaswom, governed by the conditions of service prescribed in the Guruvayoor Devaswom Employ
The Kerala Devaswom Recruitment Board Act's provisions undermining the authority of the Guruvayoor Devaswom Managing Committee for appointments were declared unconstitutional, preserving the fundamen....
Recruitment to temple posts must follow statutory regulations, overriding customary claims by Thantris, in alignment with the KDRB Act.
The court established that disputes regarding hereditary claims and functions related to temple duties should be resolved in civil court rather than through writ jurisdiction, emphasizing the secular....
The appointment of the Devaswom Commissioner must comply with statutory provisions, including eligibility and probation requirements; failure to do so renders the appointment invalid.
The Sikh Gurdawaras and Religious Endowment Act, 1973 does not violate constitutional rights as the legislature possesses the authority to regulate religious property management.
The Travancore Devaswom Board must verify credentials of officers before postings to ensure integrity and proper management of religious institutions.
As per Rule 6, Committee shall not alter or cause to alter performance of customary rites and ceremonies in temple.
Administrative Tribunals are competent to adjudicate upon the constitutional validity of statutory rules and regulations, excluding their own parent statute. Consequently, such Tribunals must functio....
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