The appointment of the Devaswom Commissioner must comply with statutory qualifications and the requirement of completing probation, affirming the necessity of integrity in public service roles.

Headnote:(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 3, 15 and 13B - Writ petition for quo warranto and mandamus - The appointment of the 8th respondent as Devaswom Commissioner was declared contrary to statutory provisions due to lack of requisite qualifications and proper probationary completion. The court emphasized the need for adherence to the statutory service rules during promotions. (Paras 30, 32)

(B) Service Law - Promotion - The court ruled that the principles of a satisfactory completion of probation must be strictly followed for appointment to the Devaswom Commissioner post, citing the importance of maintaining integrity in service positions, especially in public trust roles. (Paras 28, 29)

Facts of the case:
The petitioner challenged the legality of the 8th respondent's promotion to the position of Devaswom Commissioner, citing prior liability and improper adherence to promotion procedures as per the Travancore Devaswom Board’s service rules, particularly around probation completion. (Paras 1, 12, 19, 32)

Findings of Court:
The court found that the process leading to the promotion of the 8th respondent did not comply with the existing statutory rules of service. As a result, the appointment was unconstitutional, thereby necessitating the annulment of the promotion. (Paras 30, 32)

Issues: The core issues revolved around the legal requirements for the promotion of the 8th respondent, specifically regarding the necessity of completing probation and the qualifications required for the post. (Paras 30, 32)

Ratio Decidendi: The court affirmed that the statutory provisions governing the appointment of the Devaswom Commissioner require strict adherence, particularly regarding qualifications and probationary terms, thereby safeguarding the accountability of public officeholders. (Paras 28, 30)

Result: Writ petition allowed; the appointment of the 8th respondent as Devaswom Commissioner set aside. (Paras 32)

JUDGMENT C.R.

Anil K. Narendran, J.

The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari or any other appropriate writ, order or direction to call for the entire records leading to Ext.P8 proceedings dated 10.05.2023 and Ext.P23 order dated 12.12.2023 of the 3^rd respondent Board and quash the same; a writ of quo warranto or any other appropriate writ, order or direction to remove the 8^th respondent from the post of Devaswom Commissioner, Travancore Devaswom Board; a writ of mandamus or any other appropriate writ, order or direction to the 3^rd respondent Board to recover the liability found against the 8^th respondent in Ext.P2 draft audit note of Thiruvallam Devaswom; a writ of mandamus or any other appropriate writ, order or direction directing the State Vigilance to conduct an investigation regarding the corruption and misappropriation of Devaswom funds by the 8^th respondent; and a writ of mandamus or any other appropriate writ, order or direction directing the 1^st respondent State and the 3^rd respondent Board to strictly follow the Travancore Devaswom Board Officers’ and Servants’ Service Rules, 2022 in the appointment of the Devaswom Commissioner.

1.1. In the writ petition, it is stated that the petitioner is a Hindu by birth and a devotee, who retired from service on 31.01.2021 while working as Finance Commissioner in the 3^rd respondent Board. In the writ petition, the petitioner has pointed out the directions contained in the order of this Court dated 19.07.2022 in DBP No.22 of 2022, Ext.P4 judgment of this Court dated 01.08.2023 in W.P(C) No.31159 of 2022 and also the pendency of DBP No.40 of 2023.

1.2. On 21.12.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1, 2 and 7, the learned Standing Counsel for Travancore Devaswom Board for respondents 3 to 6 and the learned Standing Counsel for Kerala Devaswom Recruitment Board for the 9^th respondent. Notice on admission by special messenger was ordered to the 8^th respondent. The learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court, the files relating to Ext.P23 order dated 12.12.2023 and the learned Standing Counsel for Devaswom Recruitment Board, the files relating to Ext.P13 minutes of the meeting of the Department Promotion Committee held on 24.08.2023.

1.3. On 21.12.2023, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court, the files relating to Ext.P23 order dated 12.12.2023. On 22.12.2023, the learned Standing Counsel for Devaswom Recruitment Board, who took notice for the 9^th respondent Departmental Promotion Committee, made available for the perusal of this Court the files relating to Ext.P13 minutes of the meeting of the Departmental Promotion Committee held on 24.08.2023. After perusal, the files handed over by the learned Standing Counsel for the Devaswom Board and the learned Standing Counsel for Devaswom Recruitment Board were returned to the respective counsel.

1.4. The 8^th respondent has filed a counter affidavit dated 02.01.2024, opposing the reliefs sought for in this writ petition, producing therewith Exts.R8(a) to R8(e) documents. The 3^rd respondent Devaswom Board has filed a counter affidavit dated 03.01.2024 and the 9^th respondent Departmental Promotion Committee has filed a counter affidavit dated 30.12.2023, opposing the reliefs sought for in the writ petition.

1.5. By the order dated 22.01.2024, the learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court, the files relating to the report dated 18.05.2023 of the Finance and Accounts Officer (Report No.FIO/319/23/IAD), the relevant files maintained in the office of the Finance and Accounts Officer, the office of the Devaswom Commissioner and also the Board office, relating to Ext.R7(f) p

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2024 Supreme(Online)(KER) 49838

The appointment of the Devaswom Commissioner must comply with statutory qualifications and the requirement of completing probation, affirming the necessity of integrity in public service roles.

Cases Referred (7)