In a significant legal ruling, the Kerala High Court has invalidated recruitment notifications issued by the Kerala Devaswom Recruitment Board (KDRB) for positions within the renowned Guruvayur Devaswom and its aided educational institutions. The court firmly held that the KDRB possesses no legal authority to conduct such recruitment for this specific devaswom.
Court Bench and Legal Challenge
The judgment was delivered by a division bench comprising Justices Sushrut Arvind Dharmadhikari and V M Syam Kumar. The bench was hearing an appeal filed by the Guruvayur Devaswom Employees Union Congress and its office-bearers. They had challenged an earlier single bench judgment that dismissed their petition against the KDRB's recruitment drive.
The core of the appellants' argument centered on Section 9 of the KDRB Act. This section empowers the board to handle recruitment for institutions under various devaswom boards in Kerala. The union contested its applicability to the Guruvayur devaswom. The challenged notifications covered a wide range of posts, including medical officer, veterinary surgeon, junior health inspector, teachers, sweepers, office attendants, and drivers.
HC Verdict: 1978 Act Prevails
Allowing the appeal, the High Court issued clear directives. It stated that all future recruitment for institutions under the Guruvayur devaswom's management must be conducted strictly in accordance with Section 19 of the Guruvayur Devaswom Act, 1978. This specific section vests the power of appointment squarely with the Guruvayur devaswom managing committee.
The court made a decisive interpretation of the law. It ruled that Section 9 of the KDRB Act cannot supersede or override Section 19 of the older Guruvayur Devaswom Act, 1978. In this context, the bench explicitly declared Section 9 of the KDRB Act to be unconstitutional and inoperative concerning the Guruvayur devaswom. Consequently, the court directed the devaswom's managing committee to start the appointment process anew by issuing fresh notifications.
The bench provided a crucial safeguard, clarifying that any appointments already made by the KDRB based on the quashed notifications shall remain undisturbed, preventing immediate disruption for those individuals.
Oversight Committee Formed for Recruitment
To ensure a transparent and lawful recruitment process going forward, the High Court took the proactive step of appointing a three-member supervisory committee for a period of one year. This committee will oversee all recruitment carried out under the Guruvayur Devaswom Act.
The committee will be headed by Justice P N Ravindran, a retired High Court judge. The other two members are the administrator of the Guruvayur devaswom and Advocate K Anand. The court also specified the remuneration for the independent members: Justice Ravindran will receive Rs 1 lakh per month, and Adv. Anand will receive Rs 50,000 per month. Their conveyance and other incidental expenses for meetings will be borne by the Guruvayur Devaswom Board.
This ruling reinforces the distinct legal identity of the Guruvayur devaswom and underscores the primacy of its own governing legislation over broader state-level recruitment boards in specific administrative matters.
