Supreme Court Reinstates Tender Process for Sabarimala Temple’s Aravana Prasadam; PIL Dismissed as Camouflage for Business Rivalry
In a significant judgement, the Supreme Court has allowed the appeal of the Travancore Devaswom Board against the orders of the Kerala High Court, in a case involving the tender process for procuring cardamom for the preparation of Aravana Prasadam in Sabarimala Temple.
Key Legal Point:
The core legal issue centered around the tendering process for procurement and the maintainability of a Public Interest Litigation (PIL) filed by a business entity with vested interests.
Case Background:
The case originated from a dispute over the procurement process used by the Travancore Devaswom Board for obtaining cardamom. The Kerala High Court had previously directed prosecution for violation of the Food Safety and Standards Act and tagged the Board as a ‘food business operator’. However, this decision was contested by the Board in the apex court.
Court’s Assessment:
On the Maintainability of PIL: The Supreme Court observed, “when there is material to show that a petition styled as a public interest litigation is nothing but a camouflage to foster personal disputes, the said petition is to be thrown out.” This was pivotal in determining the non-maintainability of the PIL filed by the respondent, who was an interested party with underlying personal and commercial interests.
On Tender Process Evaluation: The court noted the efforts of the Board to procure quality cardamom, highlighting the transparent and fair nature of the tendering process. It was observed that “the decision of the appellant-Board is legal, fair and transparent.”
On Applicability of Food Safety Act: The court deemed it unnecessary to delve into whether the Board qualifies as a “food business operator” under the Food Safety and Standards Act, given the finding on the PIL’s maintainability.
Decision:
The Supreme Court set aside the orders of the Kerala High Court, ruling in favor of the Travancore Devaswom Board. It was held that there was no illegality or arbitrariness in the awarding of the contract to the respondent no.
Date of Decision: March 6, 2024.
Travancore Devaswom Board vs. Ayyappa Spices & Ors.,
