Kerala High Court Appoints Former Judge As Observer To Oversee Selection Of Head Priests At Sabarimala & Malikappuram Temples

The Kerala High Court on Monday (September 29) appointed former high court judge Justice T.R. Ramachandran Nair as 'Observer' to oversee the selection process of Head Priests/Melsanthies at the Sabarimala Sree Dharma Sastha temple and Malikappuram Temples.

The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the order while considering a suo motu petition initiated on the basis of the report of the Sabarimala Special Commissioner. The report was regarding the steps to be taken to ensure fairness, transparency and adherence to the prescribed guidelines for the interview of candidates to be shortlisted for selection of Melsanthies.

The Court observed:

"Having perused the report of the Special Commissioner, Sabarimala, we appoint Mr. Justice T.R. Ramachandran Nair, a former Judge of this Court, as the 'Observer' and request him to oversee the proceedings for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1201 ME (2025-2026) at the Travancore Devaswom Board Head Office, Thiruvananthapuram. We also request him to be there in Sabarimala at the time of the draw of lots. We direct the Travancore Devaswom Board to arrange necessary conveyance and accommodation for the Observer."

"The Observer is requested to file a report before this Court after the culmination of the interview for selection of Melsanthies of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1201 ME (2025-26)," it said. The court said that the report of the Observer will also be in a sealed cover and shall be placed before the Devaswom Bench.

It referred to a decision of the Division Bench in Krishnan Namboothiri S. v. Travancore Devaswom Board and others (2015) wherein the Court had refused to interfere with the selection process saying that selection to the post of Melsanthi cannot be treated as a selection merely for public employment.

It observed:

"The Division Bench, though declined interference with the selection process, indicated before parting with the case that once the terms of mediation settlement came to be in operation, the guarantee to the pilgrims, believers, worshippers and the faithful followers is that the selection process once carried through the system of the terms of that settlement will give them two persons who will occupy the adorable status of being the Melsanthies of Sabarimala Sannidhanam and Malikappuram temples. When such seeds of faith are intricately connected with religion, judicial review is impermissible to embark upon and consider any rival claims in the manner as is sought to be raised in the writ petitions. This is all the more so when no breach of the Constitution of India is demonstrated."

The Court also referred to the various orders passed by it and said that these have to be strictly followed by the Selection Committee. It also made various other directions to the Travancore Board while conducting the interview of shortlisted candidates scheduled to be held on 3rd and 4th October.

The directions include use of ball point pen while entering the marks, safe keep of mark sheets, countersigned by the Observer, with the Commissioner of TDB and videography of the entire proceedings.

Regarding entry of persons to the 'Sopanam enclosure' (secured area leading to inner shrine) of Sabarimala Sree Dharma Sastha Temple, at the time of draw of lots, the Court directed that its directions in Madhusoodanan Namboothiri v. State of Kerala must be followed.

The court said that after the interview, the Special Commissioner, Sabarimala, shall file a report which shall be listed on the very next working day. It further directed that the Travancore Devaswom Board shall produce the CD of the selection proceedings, mark lists and also the short list before court, "in a sealed cover", through the Standing Counsel immediately, on or before October 13.

"After the production of the mark lists, shortlist and the CD of the selection proceedings, Travancore Devaswom Board may proceed with the draw of lots, subject to orders to be passed by this Court on perusal of the report of the Observer, the short list and the CD of the selection proceedings," it added.

Case No: SSCR No. 24 of 2025

Case Title: Suo Motu v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 615

Counsel for the respondents: S. Rajmohan - Sr. GP, G. Biju - SC - Travancore Devaswom Board, Sayujya Radhakrishnan - SC - High Power Committee

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