A Division Bench of the Kerala High Court on Tuesday dismissed a batch of writ petitions challenging the Travancore Devaswom Board (TDB)’s notification which stipulated that Malayala Brahmins alone can apply for the posts of Melsanthis (chief priest) of Sabarimala and Malikappuram temples.
The Bench comprising Justice Anil K. Narendran and Justice P.G. Ajith Kumar while dismissing the petitions, observed that as held by the Constitution Bench of the Supreme Court in Sri Venkataramana Devaru case, the right protected by Article 25(2)(b) of the Constitution is the right to enter a temple for the purpose of worship. It does not follow from this that, this right is absolute and unlimited in character. No member of Hindu public could claim as part of the rights protected by Article 25(2)(b) that a temple must be kept open for worship at all hours of the day and night or that he should personally perform those services, which the Archakas alone could perform. Therefore, the Bench found absolutely no merit in the contention of the petitioners that the condition stipulated in the the notification issued by the Devaswom Commissioner that the applicant for appointment as Melsanthis of Sabarimala and Malikappuram temples should be Malayala Brahmins.
The petitioners contended that the appointment to the posts of Melsanthi was a secular act. Therefore, the posts could not be reserved to a one particular community, especially in an institution administered by the government-controlled TDB.
TDB submitted that Melsanthis at Sabarimala and Malikappuram temples were appointed according to the religious practices being followed from time immemorial. It was not a caste-based selection. Even the other sects of Brahmins were not allowed to apply for the posts. The posts of Melsanthis could not be filled in terms of the Kerala Devaswom Recruitment Board Rules which were applicable only to the appointments to the other posts. The appointment of the Melsanthis at Sabarimala and Malikappuram temples could be made only as per the custom, usage and mode of worship.
