Kochi: The Kerala High Court on Monday ruled that the job notification issued by the Travancore Devaswom Board, which includes a caste condition for the appointment of Melshanthi (chief priest), does not constitute untouchability.

The Division Bench comprising Justice Anil K Narendran and Justice P. G. Ajithkumar rejected the batch of pleas which argued that the job notification condition - the applicant for appointment as Melsanthis of Sabarimala Devaswom and Malikappuram Devaswom shall be a ‘Malayali Brahmin’, would amount to "untouchability" and violated Article 17 of the Constitution.

The petitioners in the case were non-Malayali Brahmins CV Vishnunarayan, TL Sajith, and PR Vijeesh. 

The court while abjudicating the pleas cited the Supreme Court ruling in Sri Venkataramana Devaru [AIR 1985 SC 255] case. “The right protected by Article 25(2)(b) of the Constitution is the right to enter into a temple for the purpose of worship. It does not follow from this that, this right is absolute and unlimited in character. No member of Hindu public could claim as part of the rights protected by Article 25(2)(b) that a temple must be kept open for worship at all hours of the day and night or that he should personally perform those services, which the Archakas alone could perform,” it noted.

The court also considered Devaswom’s argument that the caste condition has been followed for long. The Devaswom also contended that appointment is not permanent.