Guruvayoor Devaswom Managing Committee's Appointment Powers Restored in Landmark Judgment
In a significant ruling, the Kerala High Court has declared Section 9 of the Kerala Devaswom Recruitment Board (KDRB) Act, 2015, unconstitutional and inoperative, asserting the precedence of the Guruvayoor Devaswom Act, 1978. The Division Bench, comprising Justices Sushrut Arvind Dharmadhikari and Syam Kumar V.M., ruled that the appointment powers vested in the Guruvayoor Devaswom Managing Committee (GDMC) under the 1978 Act prevail over the general provisions of the KDRB Act.
The judgment was delivered in response to an intra-Court appeal filed by the Guruvayur Devaswom Employees Union Congress, challenging the dismissal of their writ petition by a single judge. The appeal focused on the constitutional validity of transferring recruitment powers to the KDRB, which the court found to violate Article 26 of the Indian Constitution, protecting religious denominations' rights to manage their own affairs.
The court held that the Act of 1978 is a special statute that addresses the unique needs of the Guruvayoor Devaswom and thus supersedes the KDRB Act, which was deemed a general enactment. The court emphasized the principle of "generalia specialibus non derogant," which asserts that a specific law prevails over a general one unless explicitly stated otherwise.
The verdict directed that all future recruitment processes for the Guruvayoor Devaswom should be conducted under the provisions of the Act of 1978. Moreover, the court quashed notifications issued by the KDRB for various posts and prohibited it from conducting further recruitment processes for the Devaswom.
The court established a special committee to oversee the transition and ensure a transparent recruitment process, comprising Justice P. N. Ravindran (Retd.), the Administrator of the Guruvayoor Devaswom Managing Committee, and Advocate K. Anand.
This landmark judgment reinforces the autonomy of religious institutions in managing their internal affairs and sets a precedent for interpreting conflicts between special and general statutes.
Bottom Line:
Section 9 of the Kerala Devaswom Recruitment Board Act, 2015 is unconstitutional and inoperative. Appointment powers vested in Guruvayoor Devaswom Managing Committee under the Act of 1978 prevail over the general provisions of the KDRB Act.
Statutory provision(s): Constitution of India Articles 25 and 26, Kerala Devaswom Recruitment Board Act, 2015 Section 9, Guruvayoor Devaswom Act, 1978 Section 19
