The expertise of the selection committee and the need for proper guidelines for the selection of Melsanthi are crucial legal principles established in the judgment.

S. Sankarasubban, J.

1. Sree Ayyappa Temple at Sabarimala is a great pilgrim centre and lakhs and lakhs of devotees trek the mountains to have Darsan of the Lord. The Priests of the Temple including Melsanthi are given great respect by the devotees. In their pursuit for religious attainments, devotees give a high position to the Priests. The Priests or the Santhies are expected to be persons of high integrity, learned in poojas and above all, persons with great tolerance and compassion. This Original Petition reflects the competing claims for being selected as Melsanthi of the Temple. The defeated claimants rush to this Court challenging the selection.

2. Sabarimala Temple comes under the Travancore Devaswom Board. By reason of the custom and tradition of the Temple, the Melsanthi of the Temple is selected every year. The tenure of the Melsanthi is for one year for the first of Vrischikam to the 31st of Thulam next year. The Santhi is known as 'Purappada Santhi' and till the entire period of one year is over, he cannot return to his house.

3. The Travancore Devaswom Board being a State under Art.12 of the Constitution of India, it cannot choose any person as Melsanthi without any guidelines. The choosing of Melsanthi for every year is to be done only after proper selection. Who are the persons, who should be the selectors and what should be the guidelines on the basis of which the Melsanthi should be selected were the subject matter of arguments throughout the hearing of the case. For the one year starting from 31st Thulam 1176, the Travancore Devaswom Board published a notification, copy of which is produced as Ext. P1, inviting applications for selection of Melsanthi of the Sabarimala Temple. The notification mentions the basic qualifications necessary for being selected. The notification states 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 candidate included in the shortlist on the basis of a lot in front of the sanctum sanctorum. The qualifications required are the following:

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4. Petitioner in the Original Petition, K.P. Mohandas Embranthiri, was one of the applicants. Since he had the basic qualifications, he was called for the interview, which was fixed on 29.9.2000 at 10 A.M. at the office of the Travancore Devaswom Board at Nanthancode, Thiruvananthapuram. The petitioner attended the interview. According to him, the Interview Board consisted of five members, viz., Chairman of the Travancore Devaswom Board, two members, Devaswom Commissioner and the Thanthri. The petitioner stated that the Thanthri asked more questions. Respondents 4 to 6 also put some questions. According to the petitioner, he answered all the questions perfectly well and he was expecting that he will be panelled for the lot. The grievance of the petitioner is that the Interview Board consists of persons, who did not have any knowledge in Pooja Vidhi. Further, it was stated that in the last year nine persons were included in the final selection list, where this year, only five persons are included. He submits that at least a minimum number of 18 persons should be included in the final list for being considered for the lot.

5. The petitioner filed an additional affidavit dated 13th October 2000. According to this affidavit, all the Members of the Interview Board were not present. In para 3, the petitioner has filed the details of the questions put to him. According to him, the Thanthri put the following questions, viz., Dyanam of Sivan, Dwarapalakar of Ayyappa and Avahanam of Ganapathi. He further stated that he answered all questions very well. Then the Commissioner asked the Manthra 'Prithingari'. He also answered the same. But he was not included in the selected panel. The petitioner wanted the files regarding the answers to be produced in Court.

6. The Travancore Devaswom