The Kerala High Court dismissed petitions challenging the reservation of the Sabarimala Ayyappa temple priest ('Melsanthi') post for the Malayala Brahmin community on Tuesday, February 27. The petitions argued against the Travancore Devaswom Board's notification inviting applications for the Melsanthi position from Malayala Brahmins, claiming it amounted to untouchability.
The Division Bench comprising Justice Anil K Narendran and Justice PG Ajithkumar dismissed the petitions, stating that the reservation did not constitute "untouchability" and did not violate Article 17 of the Constitution. The court ruled that the right protected under Article 25(2)(b) of the Constitution pertains to the right to enter the temple for worship.
According to LiveLaw, the court emphasised, "No member of Hindu public could claim as part of the rights protected under Article 25(2)(b) that a temple must be kept open for worship at all hours of the day and night or that they could perform the services which the archakas alone could perform. Therefore, we find absolutely no merit in the contention of the learned counsel for the petitioners that the conditions stipulated in the notification issued by the Devaswom Commissioner that the applicant for appointment as Melshanthis at Sabarimala Devaswom and Malikappuram Devaswom shall be a Malayalee Brahmin would amount to untouchability abolished under Article 17 of the Constitution."
The court also stated that it is the duty of the Travancore Devaswom Board to ensure the regular traditional rites and ceremonies according to prevalent practice. The petitioners had challenged the state's authority to fix criteria based on caste.
The Travancore Devaswom Board controls all the temples in the southern districts of the state, including the famed Sabarimala and Malikapuram temples. Every year, it appoints the temple's chief priest ahead of the annual pilgrimage season, which begins in November.