High Court Kerala High Court

Sarath C. vs The State Of Kerala on 8 July, 2008

Kerala High Court
Sarath C. vs The State Of Kerala on 8 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4450 of 2005(D)


1. SARATH C., AGED 21 YEARS,
                      ...  Petitioner
2. GOPESH KUMAR K., SREE LAKSHMI,
3. RANJITH KUNIYIL,

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE COMMISSIONER, HINDU RELIGIOUS &

3. THE ZAMORIN RAJA OF CALICUT,

                For Petitioner  :SRI.P.T.MOHANKUMAR

                For Respondent  :SRI.M.G.ASHOKAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :08/07/2008

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                          V.K. MOHANAN, JJ.
                  --------------------------------------------
                     W.P.C. Nos. 4450,4857,5719
                            & 29986 OF 2005
                  --------------------------------------------
                  Dated this the 8th day of July, 2008

                                JUDGMENT

Ramachandran Nair,J.

The challenge in these four Writ Petitions, two filed by Trustee

and two filed by appointees, is against the order of the Deputy

Commissioner under Section 20 and under Rules issued under Section

102(y) of the Hindu Religious and Charitable Endowment Act,

cancelling the appointments made by Trustee, namely, Zamorin Raja of

Calicut. The case of the petitioners is that under Section 48 of the Act,

the Trustee is the ultimate authority to make appointments and

appointments in these cases are made by following the procedure laid

down in the Rules made under Section 102(y) of the Act. Petitioner in

WPC 29986 of 2005 was appointed in the year 1997 and is continuing

for the last 11 years. Similarly petitioners in WPC 4450 of 2005 were

appointed in 2003 and are continuing under interim orders of this

Court. The posts filled up by these persons are either that of Clerk,

temple security, or store keeper. The Deputy Commissioner acted on

complaint from somebody stasting that appointments are arbitrary and

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without even calling for applications from among qualified persons.

Admittedly the qualification prescribed is IIIrd Form or VIIIth Std.

Senior counsel Sri. M.C. Sen appearing for the Trustee submitted that

32 temples are under the control of the Trustee and as and when

vacancies arise in a temple publications are made in the same temple

and appointments are made from among the applicants, who are mostly

locals. Senior counsel also submitted that the post carries very low

wages and there is hardly any demand for the same. In any case, we

agree with the Deputy Commissioner that a fair procedure is required

in appointment in as much as everyone eligible is given an opportunity

to apply for the post. In these cases, there is controversy as to whether

applications were called for and appointments were made in a fair

manner. Even though the Deputy Commissioner has considered

records pertaining to appointments before issuing orders cancelling

those appointments, it is not known whether complainants were

applicants for the post and whether they had any grievance against

appointments. In any case, we do not think there is any justification to

interfere with appointments of the petitioners in WPC 4450 and 29986

of 2005 more so because appointments were made by the Zomarin Raja

of Calicut in exercise of powers under Section 48 of the Act and there

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is nothing to indicate that any other eligible candidate applied for the

post was denied an opportunity. In the circumstances, we dispose of

the Writ Petitions by upholding the appointments of petitioners in

WPC 4450 and 29986 of 2005 but with direction to the Trustee to

follow fair procedure for selection and appointment of persons in 32

temples and it will be open to the Deputy Commissioner to interfere

with appointments, subject to provisions of the Act and Rules. If any

approval is required for appointments made , the same will be granted

by the Deputy Commissioner. The Trustee shall make appointments

only by way of replacement on account of retirement/death/resignation

of the incumbent. If any new post is to be created, he will take prior

approval of the Deputy Commissioner. In view of the above directions,

Ext.P5 order produced in WPC No. 5719 and Ext.P7 order in WPC

4857 of 2005 are cancelled.

(C.N.RAMACHANDRAN NAIR)
Judge.

(V. K. MOHANAN)
Judge.

kk

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