P.B.Suresh Kumar, J.
The petitioner was an applicant for selection as 'Melsanti' (Chief Priest) in the Sabarimala Temple for the ensuing festival season. He was called for the interview held on 8.10.2014. According to him, though he had answered all the questions put to him in the interview to the best of his ability, he was not included in the short list prepared after the interview for final selection. He, therefore, seeks directions to call for and examine the records of the interview held on 08.10.2014 and include his name also provisionally in the short list of candidates for selection as 'Melsanti'.
2. The learned standing counsel for the Travancore Devaswom Board (hereinafter referred to as 'the Board') submitted, on instructions, that the selection to the post of 'Melsanti' is conducted by a committee constituted by the Board in accordance with the order issued by the Hon'ble the Supreme Court in Civil Appeal Nos.2570 of 2003 and 2571 of 2003 and the selection impugned in the writ petition was conducted strictly in accordance with the said order of the Hon'ble the Supreme Court. A copy of the order of the Hon'ble the Supreme Court in Civil Appeal Nos.2570 of 2003 and 2571 of 2003 which was made available to us would indicate that a dispute arose between the Board and the Raja of Pandalam Royal family as to the manner of selection of the 'Melsanti' of the temple was finally resolved by the Apex Court by recourse to mediation. The terms of settlement arrived at the mediation, which are recorded in the order, read thus:-
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 thereafter 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 their web site, so that it is open to the Senior Raja to find out whether there is any blemish for any of the applicants and communicate that fact to the TDB and or to the Senior Thantri, well ahead of commencement of the selection process.
e. Next is the preparation of a list of selected candidates after holding the interview of the applicants by the members of the Selection Committee.
While interviewing candidates for “Melsantis” the members of the Selection Committee can award a total of 90 marks. Out of the 90 marks, 30 marks are set apart for the President, Members and Commissioner of TDB for putting such questions as are deemed necessary for eliciting general knowledge of each candidate and to test his personality. The remaining 60 marks are set apart for putting questions 'to elicit candidates' knowledge in Sanskrit, poojas, rites, Tantric Rituals and other religious matters. Questions in this regard shall be put by the remaining Members of the Selecting Committee formulated above. Out of the 60 marks thus set apart for eliciting the candidates 'knowledge in Sanskrit, poojas etc., the Unit comprising of the Senior Thantri and Junior Thantri of Thazhamon Illam/Madom together can award marks up to 30. The other Unit (the “Outside Thantri”) can award marks up to 30.
f. After the Selection committee finalises the list of selected candidates for both Sabarimala and Malikappuram the final choice will be made by draw of lot. The Senior Raja agreed to depute a male child (not above the age of ten) for Sabarimala and a female child (not above the age of ten) for Malikappuram for the purpose of drawing the lot. If male/female child for the above purpose is not deputed by the Senior Raja within a reasonable period, it is open to the TDB to arrange for draw of lot in such manner as they deem fit.
3) All parties agreed that the appeals can be disposed of in terms of the above settlement.”
The settlement indicates that the committee for selection consists of not only the representatives of the Board, but also the 'tanthries' of the temple and a 'tanthri' from outside nominated in accordance with the process of selection indicated in the settlement. The settlement also indicates that equal marks are set apart to be awarded by the representatives of the Board, the 'tanthries' of the temple and the 'outside tanthri' nominated to the selection committee. The terms of the settlement thus indicate that adequate safeguards have been taken to eliminate all possibilities of bias in the selection process. The petitioner has no case that anybody with lesser merit than him has been selected and included in the short list. As pointed out earlier, the case of the petitioner is only that he has performed well in the interview to the best of his ability and that he has answered all the questions put to him by the members of the Board. There is no allegation of bias in the writ petition. Instead, what is stated in the writ petition is only that the petitioner apprehends that some foul play had occurred in the interview. What is to be seen in a case of this nature by the court exercising the power of judicial review is whether the decision is vitiated by bias. In the instant case, except the apprehension expressed by the petitioner, there is nothing on record to infer that the selection is vitiated by bias. We, therefore, find no merit in the writ petition and the same is, accordingly, dismissed.
P.N.RAVINDRAN, (JUDGE) vps P.B.SURESH KUMAR, (JUDGE)