JUDGMENT
The prayer in this writ petition is to declare Section 9(1) of the Devaswom Recruitment Board Act, 2015 (for short 'the Act') empowering the 2ndrespondent to prepare select list for appointment of candidates to various posts in Guruvayur Devaswom and posts in the aided educational institutions in the Guruvayur Devaswom governed by the conditions of service prescribed in Ext.P39 regulations as permitted in Exts.P1 to P38 notifications, are illegal and hence inoperative. There is also a prayer to quash Exts.P1 to P38. The gist of the argument is that Section 9(1) of the Devaswom Recruitment Board Act, 2015 cannot be justified in view of Section 19 of the Guruvayur Devaswom Act.
2. The Senior Counsel submits that since Section 19 of the Guruvayur Devaswom Act has been promulgated with the
3
assent of the President of India, anything to the contra in the provisions of the KDRB Act, 2015 and KDRB Rules will be repugnant and ultra vires. The said issue cannot be raised at this stage in view of a judgment of the Division Bench of this Court in Administrator, Guruvayoor Devaswom Managing Committee v. Mayadevi K.S. [2022 KHC 500] wherein a Division Bench of this Court had considered the question and concluded as follows:
86. Conclusions: The upshot of the above discussion is as follows:-
(i) There is no dispute that the provisions contained in the Kerala Devaswom Recruitment Board Act, 2015 and the Rules framed thereunder, confer power and function to the said Recruitment Board to prepare select list, for effecting direct recruitment to various posts, conceived in terms of S.9(1), where the method of appointment to fill up such post, as per the Rules, is direct recruitment.
(ii) In view of the non obstante clause contained in S.9(1)(i) of the Kerala Devaswom Recruitment Board Act, 2015 and the Rules framed thereunder, the Departmental Promotion Committee, constituted by the Recruitment Board, will have
4
the power and function to prepare select lists for effecting appointment by way of promotion or by - transfer to selection posts, wherein the criteria is on the basis of merit and ability, and wherein seniority will come into play only when merit and ability are approximately equal, etc. However, the said Recruitment Board or the DPC will not have the power or function in the case where the method of appointment is by promotion or by - transfer to non selection posts, wherein the criteria is other than merit and ability, especially when the criteria is seniority, seniority - cum - fitness etc. The power to take decisions to effect such promotion or by - transfer appointments to all non - selection posts will be exclusively with the Guruvayur Devaswom Managing Committee.
(iii) The promotions ordered, as per Anx.R-1(a) G.O. (Rt.) No.3244/2021/ Rd dated 26.9.2021 and the consequential Anx.R - 1(b) proceedings No. B1- 1255/2020 dated 29.9.2021, issued by the Administrator of the Guruvayoor Devaswom, in pursuance of Ext.P6 will be purely provisional and temporary, and no rights will be conferred on such temporary / provisional promotees, for the reasons stated hereinabove.
5
(iv) The appointing authority will immediately give details of the seniority position, field of choice, details of the communicated ACRs of the claimant incumbents, details of the expunged ACRs and the revised ACRs to the DPC constituted by the Recruitment Board under R.3(3) above, for the purpose of consideration by the DPC, for regular promotion to selection posts, including the post of Manager, without any further delay and this process may be completed immediately.
(v) Thereafter, the DPC, constituted by the Recruitment Board, will consider the entire matter afresh, and take appropriate action regarding regular promotions to be made to selection posts, like Manager, etc and in that regard, it shall be ensured that only communicated adverse entries of the incumbents shall be taken into account, and expunged ACRs shall not be taken into account, and in this case, revised ACRs alone should be taken into account, and after taking into consideration all relevant aspects of the matter, the DPC will issue a fresh select list for promotion to such selection posts, like Manager, etc without any further delay, and the entire process in that
6
regard may be duly completed by the appointing authority and the DPC within 2 months from the date of receipt of a copy of this judgment.
(vi) The contentions of the writ petitioners, based on the alleged infringement of the Fundamental Rights of Religious Denomination in terms of Art.26(d) of the Constitution of India, and also the alleged violation of Art. 14 & Art. 16 of the Constitution of India, in view of the entrustment of promotion aspects of selection posts to the DPC, in which the Devaswom has only minority representation, are left open to be raised and decided by them in appropriate writ litigative proceedings, in the manner known to law. It is made clear that, such issues have not been decided by this Court in any manner.
(vii) The impugned judgment dated 24.06.2021 in W.P.(C) No.10135/2021 will stand modified and substituted as above.
3. The Hon'ble Supreme Court in Vineeth P & Ors. Vs. Haridasan V & Ors. (Civil Appeal No.4670 of 2023) had in a similar issue which is raised before the Court, issued the following directions:
7
11. Having considered the said submissions, we dispose of these appeals with the following directions:
(a) The appeals filed by GDMC and the employees challenging the judgment of the High Court dated 31.08.2017 are of no merits, hence dismissed.
(b) The appellants who are working temporarily and the persons whose appointments have been approved by the High Court by the impugned judgment, are permitted to participate afresh in the process of selection to be Initiated. If they are over aged, they be granted age relaxation as one time measure in the said selection process.
(c) The Board is at liberty to formulate a policy of granting marks to the person having experience.
(d) The GDMC shall inform about the vacancies to the Kerala Devaswom Recruitment Board including the vacancies on which temporary employees are working within two months and the Board shall notify those vacancies within a month thereafter the selection procedure shall be completed within a further period of four months.
8
(e) Interim order passed by this Court on 12.12.2017 shall continue to operate for a period of six months or till completion of the selection process by the Kerala Devaswom Recruitment Board, in view of the foregoing directions, these appeals stand disposed of.
4. The Senior Counsel pointed out that in paragraph No.82 of the judgment of the Division Bench the question regarding the validity of the provisions of the KDRB Act in the touchstone of Article 26 of the Constitution of India has not been gone into and is left open. However, that may not save the situation as far as the petitioners are concerned. In view of the categoric pronouncements, the challenge as laid will not lie. The writ petition fails and is dismissed. Sd/-
T.R.RAVI
JUDGE
mpm
9
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF THE NOTIFICATION FOR THE
POST OFFICE ATTENDANT (ENGLISH MEDIUM
SCHOOL) VIDE NO.466/R2/2025/KDRB DATED
29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P10 TRUE COPY OF THE NOTIFICATION FOR THE
POST JUNIOR PUBLIC HEALTH NURSE VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF MADDALAM PLAYER (KSHETHRAM) VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P12 TRUE COPY OF THE NOTIFICATION FOR THE POST OF DRIVER GRADE-II VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P13 TRUE COPY OF THE NOTIFICATION FOR THE POST OF HELPER VIDE NO.466/R2/2025/KDRB
DATED 29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P14 TRUE COPY OF THE NOTIFICATION FOR THE POST OF GARDENER VIDE NO.466/R2/2025/KDRB
DATED 29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P15 TRUE COPY OF THE NOTIFICATION FOR THE POST OF LIFT BOY VIDE NO.466/R2/2025/KDRB
DATED 29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P16 TRUE COPY OF THE NOTIFICATION FOR THE POST OF ROOM BOY VIDE NO.466/R2/2025/KDRB
11
DATED 29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P17 TRUE COPY OF THE NOTIFICATION FOR THE POST OF COW BOY VIDE NO.466/R2/2025/KDRB
DATED 29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P18 TRUE COPY OF THE NOTIFICATION FOR THE POST OF PLUMBER VIDE NO.466/R2/2025/KDRB
DATED 29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P19 TRUE COPY OF THE NOTIFICATION FOR THE POST OF LIVE STOCK INSPECTOR GRADE-II VIDE NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P20 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF LD TYPIST VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P21 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF ASSISTANT LINE MAN VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P22 TRUE COPY OF THE NOTIFICATION FOR THE POST OF LD CLERK VIDE NO.466/R2/2025/KDRB
DATED 29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P23 TRUE COPY OF THE NOTIFICATION FOR THE POST OF COMPUTER OPERATOR /DATA ENTRY OPERATOR VIDE NO.466/R2/2025/KDRB DATED
29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P24 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF COMPUTER SPECIAL ASSISTANT VIDE
12
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P25 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF DEPUTY SYSTEM ADMINISTRATOR (EDP)
VIDE NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P26 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF SUPERINTENDENT OF KALANILAYAM
VIDE NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P27 TRUE COPY OF THE NOTIFICATION FOR THE POST OF ASSISTANT LIBRARIAN GRADE-II VIDE NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P28 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF LAMB CLEANER VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P29 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF SANTHI KEEZHEDAM TEMPLE VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P30 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF COSTUME MAKER (KRISHNANATTAM)
VIDE NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P31 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF KRISHNANATTAM STAGE ASSISTANT
VIDE NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P32 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF KRISHNANATTAM GREEN ROOM SERVANT
VIDE NO.466/R2/2025/KDRB DATED 29.03.2025
13
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P33 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF WORKS SUPERINTENDENT VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P34 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF TEACHER (MADDALAM VADYA
VIDYALAYAM VIDE NO.466/R2/2025/KDRB DATED
29.03.2025 PUBLISHED BY THE 2ND
RESPONDENT.
Exhibit P35 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF TEACHER (THIMALA) VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P36 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF THALAM PLAYER (TEMPLE) VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P37 TRUE COPY OF THE NOTIFICATION FOR THE
POST OF HELPER OF ANACHAMAYAM VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P38 TRUE COPY OF THE NOTIFICATION FOR THE POST OF SANITATION WORKER /SAITATION
WORKER (AYURVEDA) VIDE
NO.466/R2/2025/KDRB DATED 29.03.2025
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P39 TRUE COPY OF THE GURUVAYUR DEVASWOM
EMPLOYEES REGULATIONS 1983.
Exhibit P40 TRUE COPY OF THE LIST OF MEMBERS OF THE PETITIONERS' EMPLOYEES UNION.
14