T.B. Radhakrishnan, J.

1. These writ petitions relate to the selection of Melsanthies for Sabarimala Sannidhanam and Malikappuram temples for the year 1191 M.E.

2. We have heard the different learned counsel who appear for the petitioners, the learned standing counsel for the Travancore Devaswom Board, the learned Senior counsel for one of the private respondents and the learned counsel for the other respondents.

3. The selection procedure for appointments of Melsanthies of Sabarimala Sannidhanam and Malikappuram temples was an issue which went up to the Honourable Supreme Court of India, when a challenge was carried against earlier orders issued by this Court. The Honourable Supreme Court referred that issue for mediation and a mediation settlement was drawn up on consent of parties and Mr. Justice K.T. Thomas, Former Judge of the Honourable Supreme Court, who was the Mediator, sent up that report to the Apex Court. That mediation settlement agreement fundamentally related to the composition of selection committee for interviewing and awarding marks for selecting Melsanthies of Sabarimala Sannidhanam and Malikappuram temples. At that point of time, that was one of the seriously contested issues and that was the only issue that was put for mediation. The terms of that settlement read as follows:-

"Terms of settlement

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

A. (i) President of Travancore Devaswom Board ('TDB' for short)

(ii) The Member of the TDB

(iii) The remaining Member of the TDB.

(iv) The Commissioner of TDB.

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

(ii) The Junior Thantri of "Thazhamon Illam/Madom"

C. The "Outside Thantri" 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 "the Illam" for short) will send up names of three persons whom they consider eminent Thantries to the Travancore Devaswom Board. Keeping those names in serious consideration, the TDB will draw up a list of ten persons who are eminent Thantries. That list will be forwarded to the Senior Raja of Pandalam Royal family (hereinafter referred to as "Senior Raja"). The latter will choose five names from the said list and forward such names to the Illam. The Senior Thantri of the Illam will choose one of them and communicate the same to the TDB. Thereupon, proceedings will be drawn up by TDB appointing the chosen person as the "Outside Thantri" to be on the selection panel. TDB will notify the same. This panel will be valid for one year. But the same procedure will be adopted for composition of the Selection Committee therafter also year after year, unless there is statutory intervention.

b. It is made clear that if Illam is not sending up the names to the TDB within one week of receipt of a requisition for that purpose made by the TDB, it is open to the TDB to prepare the panel of names and send it to the Senior Raja. Similarly, if Senior Raja is not sending the names chosen by him to the Illam, within one week of receipt of the panel from TDB, it is open to the TDB to request Thazhamon Illam to choose one name from the original panel prepared by the TDB.

c. If the Illam is not selecting one person from the panel sent by the Senior Raja (or by the TDB as the case may be) within a reasonable period, it is open to the TDB to choose one from the panel already formulated by them and notify him as the "Outside Thantri" to be on the Selection Committee.

The above is only for composition of the Selection Committee. The next task is to select the "Melsantis".

d. The TDB will make the names of all the applicants available on the