IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19970 of 2007(B)
1. HARINARAYANAN K., KANDIYIL HOUSE,
... Petitioner
2. RAJAN.P, KANJIRATHINGAL HOUSE,
3. SUNDARAN K.K.,
4. PREJITH C.B., EDAKKANDIYIL HOUSE,
5. UNNIKRISHNAN U., UNNITHIRU HOUSE,
6. JAYARAMAN P.V., VARIKKARA HOUSE,
Vs
1. GURUVAYOOR DEVASWOM MANAGING COMMITTEE
... Respondent
2. THE ADMINISTRATOR,
For Petitioner :SRI.SAJEEV KUMAR K.GOPAL
For Respondent :SRI.U.K.RAMAKRISHNAN (SR.)
The Hon'ble MR. Justice V.GIRI
Dated :03/07/2008
O R D E R
V. GIRI, J.
-------------------------------
WP(C).NO. 19970 of 2007
---------------------------------
Dated this the 3rd day of July, 2008.
JUDGMENT
The Guruvayoor Devaswom Board issued a notification inviting
applications for the post of Mahout from among eligible Hindu
candidates. On the publication of the notification, a writ petition
WPC.No.36141/2005 was filed by the Guruvayoor Kshetra
Samrakshana Samithi challenging the said notification on the ground
that proper guidelines were not laid down in the matter of
qualification. This court by Ext.P2 judgment rejected the said
contention finding that the qualifications are prescribed in the
Regulations and the same has been mentioned in the notification also.
The petitioners had submitted applications along with the experience
certificate. Apparently there were 120 applicants altogether and
ultimately a rank list of 27 candidates were prepared by Ext.P4. By
Ext.P5 the petitioners were appointed. The petitioners continued in
duty. An allegation was raised against one of the members of the
Managing Committee. Justice K.P.Radhakrishna Menon was
appointed as the Enquiry Commissioner. The learned Judge submitted
a report. It seems that the report did not contain any positive
finding as regards the corruption for selection of Mahout. But
WPC.19970 /2008 2
nevertheless there is a finding to the effect that the persons selected
were not adequately qualified in the sense that they did not produce
certificate evidencing the fact that they had obtained training in
looking after the elephants. Based on the enqiry report the services
of the petitioners were terminated. This was challenged before this
court. By Ext.P9 this court set aside the proceedings of the
Devaswom essentially on the ground that copy of the enquiry report
was not made available to the petitioners. The petitioners were to be
given an opportunity of being heard. Accordingly, a fresh show cause
notice was issued as Ext.P10. Copy of the enquiry report as Ext.P11
was also served on the petitioners. They submitted Ext.P12 reply and
thereafter Ext.P13 order was passed affirming the earlier stand taken
by the Committee. Ext.P13 has been challenged by the petitioners.
2. Though several contentions have been raised in this writ
petition challenging the order of termination Ext.P13, I am inclined to
remit the matter to the Devaswom Board essentially for the reason
that the petitioners were not heard before passing orders. There is no
hearing prior to Ext.P13. It cannot be said that the hearing is a
formality. There is every chance of the committee taking a different
view at the personal hearing.
3. In the result, Ext.P13 order is set aside and the first
WPC.19970 /2008 3
respondent is directed to take fresh order pursuant to Ext.P10 show
cause notice after affording an opportunity of personal hearing to the
petitioners or their authorised representative. Such order shall be
passed within two months from the date of receipt of a copy of this
judgment .
4. It is made clear that if any person has been appointed as
Mahout on provisional basis during the pendency of this writ petition,
then obviously no such person shall be regularised in service, until a
decision is taken by the Managing Committee. Further if by any
chance the committee is desirous of the service of any person as
Mahout, on a provisional basis, then subject to suitability the
petitioners may also be considered in that regard. I make it clear that
I have not considered the other contentions raised by the petitioners
on merits. They are left open.
V. GIRI, JUDGE.
Pmn/ WPC.19970 /2008 4