Ramachandran Nair, J.,
These Writ Petitions have been placed before the Full Bench by reference order dated 17.6.2008 by a Division bench of this Court.
2. The Writ Petitioners are challenging the notification issued by the Travancore Devaswom Board produced as Ext.P3 in both cases dated 1.3.2006. It was issued in exercise of the powers under Section 29 and clause (e ) of subsection 2 of Section 35 of the Travancore Cochin Hindu Religious Institutions Act 1950. Under the said notification, amendments were brought in regard to the rules published in the Travancore Cochin Government Gazette dated 13.1.1953 and republished at pages 176-196 of Travancore Devaswom Manual Vol.II (1956 Edition) and amended subsequently.
3. By the said amendments, Rule 12 A, 12 B, 12 C, 12 D and Rules 15 A, 15 B, 15 C, 15 D have been introduced, substituting rules 12 and 15. By the amendments communal reservation has been introduced in filling up the vacancies.
4. In these writ petitions the challenge is on the constitutional validity of the new rules and they are being challenged on the ground that, the same is in violation of Article 14 & 16 (1) of the Constitution of India.
5. By an interim order dated 7.6.2006, the Division Bench directed that, all appointments made during the period of the pendency of the writ petitions if any, will be subject to the result of the writ petition.
6. But because of certain subsequent developments, by way of statutory intervention, it is submitted by both sides that, the rules have not come into effect. The first of the amendments was by introduction of Section 127 A, whereby it was prescribed that appointments have to be made through Kerala Public Service Commission. The said amendment was brought initially as per the Travancore Cochin Hindu Religious Institutions (Amendment) Ordinance 2007. Going by the said provision, the selection had to be made by the Kerala Public Service Commission in accordance with law made for the exercise of this additional function by the Kerala Public Service Commission.
7. But the rules in term of the said provision and under the additional functions Act, have also not been finalised. Section 127A itself has been deleted as per Ordinance No. 42/2013. It is informed that the appointment will have to be made by a Recruitment Board specially constituted for the Travancore Devaswom Board, Cochin Devaswom Board and other Devaswom Boards etc. It is submitted that, new recruitment rules may have to be framed for enabling the Recruitment board to make appointments.
8. In the light of the subsequent developments, we are of the view that, the challenge as made now to the rules published as Ext.P3 need not be gone to this Court at this stage. Everything will depend upon the prescriptions of the new rules. If aggrieved, the petitioners can challenge the same, as and when the rules are finalised and published. Therefore, we leave upon all the legal questions raised here.
9. The learned Sr. Standing Counsel for the Devaswom Board Sri. D. Sreekumar submitted that in the light of the formation of the Recruitment Board, the Devaswom Board is not making any permanent appointment as per Ext.P3 Rules. We record the same. We therefore decline to answer the questions referred.
The Writ Petitions are accordingly closed. No cost.
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T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
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A.V.RAMAKRISHNA PILLAI (JUDGE) Sd/-
P.V.ASHA (JUDGE) True copy P.A to Judge