Suo motu proceedings regarding a tender notice for temple food preparation requiring cooks to be Brahmins. The court noted the tender was cancelled and the practice discontinued in favour of distributing food kits. The proceedings were disposed of by recording this submission while leaving the legal contentions regarding religious custom open.
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DBP NO.4 OF 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
DBP NO.4 OF 2022
(IN THE MATTER OF GURUVAYUR DEVASWOM – MATTER PERTAINING TO
PREPARATION OF FOOD FOR PRASADA OOTTU AT GURUVAYUR TEMPLE DURING THE
ANNUAL FESTIVAL FROM 14.02.2022 TO 23.02.2022 – SUO MOTU PROCEEDINGS
INITIATED – REG.)
PETITIONER:
T.A. ARUNANAND,
AGED 40 YEARS, THAYYATHAZHATH HOUSE,
NAYARAMBALAM P.O., ERNAKULAM-682509.
BY ADV NIL
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2GURUVAYUR DEVASWOM BOARD
REPRESENTED BY ITS SECRETATY, EST NADA,
GURUVAYUR-680 101.
*CORRECTED AS- GURUVAYUR DEVASWOM MANAGING
COMMITTEE, REPRESENTED BY ITS ADMINISTRATOR,
GURUVAYUR, PIN- 680101.
* CORRECTED AS PER ORDER DATED 08/02/2022 IN
DBP 4/2022
3ADMINISTRATOR, GURUVAYUR DEVASWOM,
GURUVAYUR-680 101.
*CORRECTED AS- ADMINISTRATOR, GURUVAYUR
DEVSAWOM MANAGING COMMITTEE,
GURUVAYUR, PIN - 680101
* CORRECTED AS PER ORDER DATED 08/02/2022 IN
DBP 4/2022.
BY ADV T.K.VIPINDAS
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DBP NO.4 OF 2022
OTHER PRESENT:
SR. GP- SRI. S. RAJMOHAN; AMICUS CURIAE FOR OMBUDSMAN-
SRI. P.RAMACHANDRAN;SC,GDB-SRI. T.K. VIPINDAS
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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DBP NO.4 OF 2022
ORDER
Anil K. Narendran, J.
This DBP is registered suo motu, vide proceedings dated 04.02.2022, based on a letter dated 31.01.2022 addressed by the complainant to a learned Judge of this Court, pointing out condition No.7 in the tender notice dated 17.01.2022, issued by the Administrator, Guruvayur Devaswom, as per which cooks and helpers for preparing various items for ‘Prasada Oottu’ during the temple festival, which was scheduled to be held from 14.02.2022 to 23.02.2022, should be Brahmins. A copy of the tender notice dated 17.01.2022 has also been enclosed along with that letter.
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DBP NO.4 OF 2022
and instead to distribute food kits to the devotees in connection with the temple festival of 2022. Accordingly, the tender notification dated 17.01.2022 was cancelled. In paragraph 4 of the said affidavit, it is stated that the tender notice dated 17.01.2022 was issued incorporating the terms and conditions which were being followed during the previous years. 'Prasada Oottu' and 'Pakarcha Vitharanam' are activities, which are integral part of the religious rituals, which were conducted inside the temple premises till the Oottupura was shifted to the western Nada. There is a post of Temple cook and as per Guruvayur Devaswom Employees' Regulations, 1983, the applicant has to be a Brahmin. Therefore, there is no illegality and no discrimination has been committed by the Managing Committee in the above matter.
Registry was directed to issue notice to the petitioner-complainant, by speed post, returnable within three weeks. A copy of the DBP and the affidavit filed by the 3rd respondent were directed to be enclosed along with that notice.
service of notice was complete on the petitioner-complainant. After
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DBP NO.4 OF 2022
arguing for some time, the learned Standing Counsel for Guruvayur Devaswom Managing Committee sought time to file a detailed affidavit, along with supporting materials.
“3. It is submitted that as per resolution No.1 of the Guruvayur Devaswom Managing committee dated 28.01.2022, it was resolved not to conduct “Desha pakarcha” and “Prasada Oottu” during temple festival and instead distribute food kits to the devotees as the samples contained in the food kits which is decided to be distributed in connection with the temple festival 2022 was found to be of good quality. Accordingly, the tender dated 17.01.2022 has been cancelled. The true copy of resolution No.1 of the Guruvayur Devaswom Managing Committee dated 28.01.2022 is produced herewith and marked as Annexure R3(a).
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DBP NO.4 OF 2022
activity which is an integral part of the religious rituals which used to be conducted inside the temple premises till the Oottupura was shifted to the Western Nada. It is also submitted that there is a post of “Temple cook” and as per the Regulations, the applicant to the said post has to be a Brahmin. Therefore it is submitted that there is no illegality nor any discrimination has been committed by this respondent in the above matter.
| 1 | 2 | 3 |
|---|---|---|
| Sl.No. | Category | Qualification |
| Brahmins having ability to read | ||
| 166 | Temple cook | and write Malayalam, good physique and 3 years practical |
| experience in the field |
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DBP NO.4 OF 2022
Oottu” and “Pakarcha Vitharanam” etc. Therefore, the complainant regarding discrimination is not sustainable in law in the light of the above regulation which has the force of law.
the learned Standing Counsel addressed arguments relying on the provisions under the Guruvayur Devaswom Employees' Regulations, 1983, which is one made in exercise of the powers conferred under Section 39 of Guruvayur Devaswom Act, 1978. Thereafter, on 22.08.2022, after arguing for some time, the learned Standing Counsel sought time to get clarifications and filed an additional affidavit, if found necessary.
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DBP NO.4 OF 2022
“3. It is submitted that the Oottupura of the temple is located in the western side inside the temple and the food is cooked inside the Oottupura of the temple. On ordinary days, food for Shaanthikars, hereditary employees and workers are prepared in the Oottupura. Earlier, the food for Annadaanam also used to be cooked inside the Oottupura of the temple and distributed inside the temple premises in the Annadanam Hall (Agrashaala). Later when the number of devotees who came for Annadaanam increased, the Agrashaala (Food Distributing Hall) was shifted to a hall outside the premises and named as Annalakshmi Hall. Some sophisticated cooking equipments has been installed in a portion of the Annalakshmi hall outside the temple. Only Brahmins are permitted to cook food in the temple Oottupura and Thidappalli as a custom and tradition from time immemorial. The major portion of the cooking is conducted in the Oottupura of the temple even during 'Pakarcha Vitharanam' in connection with Temple festival. It is the food that is cooked in Oottupura, which is distributed in 'Pakarcha Vitharanam'. On the 8th day of the festival, there is 'Desha pakarcha' when the maximum number of devotees are expected. Therefore, the cooking has to done on a large scale and it is for this requirement that Tender is invited, as was being done, since last several years.
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DBP NO.4 OF 2022
the light of the tradition, custom and practice that the rule making body has taken into account all these aspects while framing the regulation at Serial No.166 of Regulation No:5(d) of the Guruvayur Devaswom Employees Regulation, 1983.
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DBP NO.4 OF 2022
that year onwards, food kits are being distributed to the devotees in connection with the temple festival. Therefore, the practice of publishing tender notice like the tender notice dated 17.01.2022 produced along with the complaint made by the complainant for preparation of food items has already been stopped.
In such circumstances, this DBP is disposed of recording the aforesaid submission made by the learned Standing Counsel for Guruvayur Devaswom Managing Committee, on behalf of the Managing Committee, however leaving open the legal and factual contentions raised in the complaint dated 31.01.2022 made by the petitioner-complainant and that contained in the affidavits filed by the 3rd respondent Administrator.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
Skk//13.06.2024
2 issues framed by the court
Whether requiring cooks for Prasada Oottu to be Brahmins amounted to discrimination?
Whether the temple's practice of restricting cooking in Oottupura to Brahmins is protected as religious custom?
2 provisions across 1 enactments
T.A. ARUNANAND
STATE OF KERALA
GURUVAYUR DEVASWOM MANAGING COMMITTEE
ADMINISTRATOR, GURUVAYUR DEVSAWOM MANAGING COMMITTEE
ANIL K. NARENDRAN
HARISANKAR V. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court