WP(C) NO. 28064 OF 2024 1 2025:KER:26951 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 28064 OF 2024 PETITIONER/S: LATHA P., AGED 47 YEARS D/O RAGHAVAN NAMBIAR, EMPLOYED AS ‘ADICHUTHALI’ AT ARIMBRA SREE SUBRAHMANIYA SWAMI TEMPLE, RESIDING AT KOLAYAKKARA HOUSE, ARIMBRA, P.O.MULLAKKODI, KANNUR –, PIN - 670602 BY ADVS. MAHESH V RAMAKRISHNAN PRAVEEN K.S. NANCY RAFFY RESPONDENT/S: 1 THE MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX, P.O. ERANJIPALAM, KOZHIKODE –, PIN - 673006 2 ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, KASARAGOD DIVISION, NILESWARAM P.O., KASARAGOD –, PIN - 671315 3 ARIMBRA SREE SUBRAMANIYA SWAMI TEMPLE REPRESENTED BY ITS EXECUTIVE OFFICER, P.O.ARIMBRA, MULLAKKODI, KANNUR DSTRICT –, PIN - 670602 4 USHA M.K. W/O LATE BABURAJ, VAZHAKKEEL HOUSE, P.O.ARIMBRA, MULLAKKODI, KANNUR –, PIN – 670602 WP(C) NO. 28064 OF 2024 2 2025:KER:26951 BY ADVS. R.RANJANIE Premnath B SARATH M.S.(K/000361/2018) THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28064 OF 2024 3 2025:KER:26951 JUDGMENT The petitioner, who was appointed as a full-time Sweeper in the Arimbra Sree Subramaniya Swami Temple under the Malabar Devaswom Board, has approached this Court impugning Ext.P7 order, which states that the petitioner’s appointment stands cancelled after an enquiry found that the appointment was made without following the prescribed procedure and in an illegal manner. The petitioner has also challenged the subsequent notification in Ext.P8 issued by the Malabar Devaswom Board inviting fresh applications for selection to the post of Sweeper. 2. The petitioner worked only one day before her appointment came to be cancelled vide impugned order in Ext.P7. The reasons for the cancellation of the appointment of the petitioner are given in paragraph 7 of the statement filed on behalf of respondents 1 and 2. Paragraph 7 of the statement is extracted hereunder: “a. Notification was not published in the Notice Board of Arimbra Sree Subrahmanya temple, and for proving it the inspector produced a statement received from the employees of the temple including the WP(C) NO. 28064 OF 2024 4 2025:KER:26951 priest, and devotees. b. The Executive Officer has not issued notification inviting application in any print media, in the District in which the temple was situated. c. The Executive Officer has not requested the 1st respondent Board for constituting an interview Board for selection, even though there was specific provision in the Circular No. J8.73447/2010/MDB dated 15.10.2010. d. Even though, it was convenient to conduct the interview at Arimbra Sree Subrahmanya Temple, the Executive Officer unilaterally changed he venue to another temple, to hide the selection from the public, with ulterior motive. e. The Executive Officer had failed to explain the reason during the enquiry to the Divisional Inspector, for the rejection of the application submitted by the petitioner to the post of Adichuthali. f. If the application was rejected on any grounds, it had to be informed to the applicant. The Executive Officer has not given any notice or information to the applicant by stating the reason for rejection of the application.” 3. The petitioner does not deny paragraph 7 of the statement filed on behalf of respondents 1 and 2. Thus, it is evident that the petitioner could secure employment without due process, and her selection and appointment were not fair. As the petitioner was WP(C) NO. 28064 OF 2024 5 2025:KER:26951 appointed without due process, the second respondent cancelled the appointment and directed the Devaswom Board to invite fresh applications. 4. Considering the aforesaid fact, this Court does not find any reason to set aside either the order impugned in Ext.P7 cancelling the appointment of the petitioner or the fresh notification in Ext.P8. 5. This writ petition is disposed of with liberty to the petitioner to apply in pursuance of the fresh notification in Ext.P8 and if the petitioner makes an application, she should also be considered along with all eligible candidates for the said post of Sweeper in Arimbra Sree Subramaniya Swami Temple without being prejudiced, in any manner, from the previous selection of the petitioner to the said post. With the aforesaid observation, the present writ petition stands disposed of. Sd/- D. K. SINGH JUDGE jjj WP(C) NO. 28064 OF 2024 6 2025:KER:26951 APPENDIX OF WP(C) 28064/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.05/2024 DATED 26-05-2024 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE INTIMATION DATED 18-06-2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. Exhibit P3 TRUE COPY OF THE ORDER OF APPOINTMENT NO.05/2024 DATED 01- 07-2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT ON 05-07-2024 Exhibit P5 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 04-07-2024 TAKEN FOR RS.4,000/- BY THE PETITIONER Exhibit P6 TRUE COPY OF THE LETTER DATED 21-07-2024 SSIUED BY THE 3RD RESPONDENT TO THE PETITIONER. Exhibit P7 TRUE COPY OF THE ORDER NO.A1-2781/2024MDB DATED 19-07-2024 OF THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED NIL PUBLISHED IN DESHABIMANI DAILY DATED 28-07-2024. RESPONDENT EXHIBITS Exhibit-R3(a) True copy of the Attendance Register maintained in the Arimbra Sree Subramanya Swami Temple, for the month of July 2024 Exhibit-R3(b) True copy of the Order No.H7/1/2020/MDB of the Commissioner, Malabar Devaswom Board, dated 12.07.2024 Exhibit-R3(c) True copy of the Circular No.J8-7347/2010/MDB dated 15.10.2010 issued by the 1st respondent. Exhibit-R3(d) True copy of the list dated 27.06.2024 showing the candidates who appeared for the interview for Adichuthali post in Arimbra Sree Subramanya Swami Temple as well as their marks Exhibit-R3(e) True copy of the Letter No.A1-2781/2024/MDB dated 05.07.2024, WP(C) NO. 28064 OF 2024 7 2025:KER:26951 issued by the 2nd respondent to the Executive Officer, Arimbra Sree Subramanya Swami Temple, Arimbra Exhibit-R3(f) True copy of the explanation for Exhibit R3(e) given by the then Executive Officer to the Asst. Commissioner, Malabar Devaswom Board dated 07.07.2024 Exhibit-R3(g) True copy of the Letter No.A1-2781/2024/MDB dated 11.07.2024 issued by the 2nd respondent Exhibit-R3(h) True copy of the explanation issued by the then Executive Officer to the 2nd respondent, dated 11.07.2024 PETITIONER EXHIBITS Exhibit P9 TRUE COPY OF THE REPORT DATED 09-07-2024 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE NOTICE DATED 20-05-2024 PUBLISHED IN THE 3RD RESPONDENT TEMPLE NOTICE BOARD Exhibit P11 TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE 3RD RESPONDENT TO THE VILLAGE OFFICER KAYARALAM Exhibit P12 TRUE COPY OF THE LETTER DATED 26.05.2024 ISSUED BY THE 3RD RESPONDENT TO THE SECRETARY OF MAYYIL GRAMA PANCHAYATH. Exhibit 13 TRUE COPY OF THE APPLICATION DATED 29-05-2024 SUBMITTED BY BEENA C.K. TO THE 3RD RESPONDENT Exhibit P14 TRUE COPY OF THE SSLC CERTIFICATE DATED JUNE 2005 OF THE 4TH RESPONDENT. Exhibit P15 TRUE COPY OF THE APPLICATION DATED 10-06-2024 SUBMITTED BY REENA T.K. TO THE 3RD RESPONDENT Exhibit 15 (a) TRUE COPY OF THE SSLC BOOK OF REENA T.K. Exhibit P16 TRUE COPY OF THE APPLICATION DATED 10-06-2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P16 (a) TRUE COPY OF THE SSLC BOOK OF THE PETITIONER Exhibit P17 TRUE COPY OF THE INTERVIEW NOTICE DATED 18-06-2024 ISSUED BY THE 3RD RESPONDENT TO REENA T.K. WP(C) NO. 28064 OF 2024 8 2025:KER:26951 Exhibit P18 TRUE COPY OF THE INTERVIEW NOTICE DATED 18-06-2024 ISSUED BY THE 3RD RESPONDENT TO PETITIONER Exhibit P19 TRUE COPY OF THE INTERVIEW ATTENDANCE SHEET DATED 27-06- 2024 ISSUED BY THE 3RD RESPONDENT Exhibit P20 TRUE COPY OF THE INTERVIEW SCORE SHEET ISSUED BY THE 3RD RESPONDENT