Kerala HC Appoints Former Judge R. Bhaskaran As Observer For 'Melsanthies' Selection In Sabarimala & Malikappuram Temples

The Kerala High Court on Thursday appointed former Judge, Justice R. Bhaskaran, as an 'Observer' to oversee the proceedings for selection of 'Melsanthies' in Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 2022-23 (1198 ME).

A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar made the direction after perusing the Sabarimala Special Commissioner Report regarding the procedure to be adopted in order to ensure fairness in the selection procedure.

Both Sabarimala  and Malikappuram Temples come under the Travancore Devaswom Board and Melsanthies are selected every year as part of the custom and tradition for a period of one year from the first of Vrischikam to the 31st of Thulam next year. Only a person with the stature and experience "behooving the sanctity and divinity" of the two temples can be appointed as Melsanthi.

For selection of Melsanthies for the year 2022-23, applications had already been called for and after Vigilance enquiry, 58 applicants (35 applicants for Sabarimala Sree Dharma Sastha Temple and 23 applicants for Malikappuram Temple) were recommended for interview, scheduled to be held on 26th and 27th September, 2022 at the Devaswom Board Head Office. It is from amongst these successful candidates that a shortlist would be prepared and Melsanthies to the aforementioned temples would be selected through a draw of lots.

The Court directed that a male child (not above the age of 10 years) for Sabarimala and a female child (not above the age of 10 years) for Malikappuram be deputed for the purpose of drawing the lot, as per clause 2(f) of an earlier settlement, for selection of Melsanthies of the two temples.

Justice R.Bhaskaran was thus, directed to oversee the proceedings for selection of Melsanthies of the two temples. He was also directed to be there in Sabarimala at the time of draw of lots, after also imposing obligation upon the Travancore Devaswom Board to make necessary arrangements for the conveyance and accommodation of the Observer.

On noting that the Observer appointed in the year 2019-20 had reported anomalies in the marks awarded by three Thanthries at the time of  interview, the Court in this case directed the Observer to file a report before the Court after the culmination of the interview, in order to ensure that an upper hand is not actually given to any particular candidate by anyone by granting excessive marks.

It was further directed that all members of the Selection Committee ought to be present in the Head Office of the Travancore Devaswom Board in advance, in order to ensure that the interview commences at 09:00 a.m., with all the members of the Selection Committee. 

Further directions were also issued by the Court such as entries in the marksheet only to be made using a ballpoint pen, marksheets to be countersigned by the Observer and kept in safe custody of the Commissioner of the Travancore Devaswom Board, and videographing the proceedings.

The Special Commissioner, Sabarimala was directed to file a report before the Court after the interview which was to be listed on the next working day, as well as to produce the CD of the selection proceedings, mark lists and the short list before the Court in a sealed cover. It was directed that after the production of the aforementioned, the Travancore Devaswom Board could proceed with the draw of lots, subject to orders to be passed by the Court.

Case Title: Suo Motu v. State of Kerala & Ors. 

Citation: 2022 LiveLaw (Ker) 498

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