K. V. Jayakumar, J.

1. This DBP is registered on the basis of a report submitted by the learned Ombudsman with respect to the effective management of funds allotted in Mathapatasala.

2. Sri. Sundaresan Pillai has submitted a petition dated 13.03.2019 before the Ombudsman. In that petition, it is stated that the Mathapatasalas are functioning on the basis of a bye-law framed in the year 1980, which was subsequently amended in the year 2002.

3. The Children residing in the local vicinity of temples administered by the Travancore Devaswom Board, are enrolled as students in the designated Mathapatasala. It is further stated that 120 classes are conducted in the Mathapatasala and there is a prescribed syllabus. The facilities required for conducting the classes, including the payment of Honorarium, are to be arranged by the Board.

4. The petitioner further states that even though lakhs of rupees were allotted in the budget for the upkeep, maintenance and conduct of Mathapatasalas, the Board is not expending a sufficient amount for the conduct of the Mathapatasalas. The system of Mathapatasala is totally neglected by the Board. It is further stated in the petition that if the functioning of the Mathapatasala is coordinated and conducted in a proper way for propagating Hindu Dharma, it would be a great service to society. The petitioner also contends that no discernible efforts have been undertaken by the Board or its officers to fulfil the objectives set forth in the bye-law enacted in the year 1980 and subsequently amended in the year 2002.

5. The petitioner further states that an amount of Rs. 97,14,000/- was allotted for the conduct of the Mathapatasala in the year 2016-17. Likewise, an amount of Rs. 1,03,75,000/- was allotted in the year 2018-19. The petitioner contends that a substantial sum allocated within the budgetary provisions has lapsed as a consequence of non-utilisation by the Travancore Devaswom Board. The petitioner says that the budgetary allocation should be utilised by the Board before the expiration of that financial year in order to avoid the lapse of funds.

6. The petitioner additionally asserts in his complaint that, despite repeated requests to the officers of the Board to effectively utilise the budgetary allocation, no such steps were taken by the officers of the Board and thereby the entire budgetary allocation lapsed. He further stated that, if the amount set apart in the budget is deposited in a bank, the amount can then be spent periodically to promote the functioning of the Mathapatasalas attached to various temples under the Board. The petitioner further states that it is the bounden duty of the Board to impart knowledge of Dharma to children. Annexure-O1 is the copy of the complaint submitted by Sri. Sundaresan Pillai.

7. The Devaswom Commissioner-in-Charge of the TDB has filed Annexure-O2 reply before the Ombudsman. In the said counter, it is stated that merely because there is a provision in the budget, it is not necessary to expend the entire amount and there is no compulsion regarding the same. It is stated that every year, grants were given to various Mathapatasalas, including private Mathapatasalas and the teachers are also paid Honorarium, based on the report submitted by the Assistant Commissioner or the Sub Group Officer attached to those temples. The curriculum is prepared by the Chief Coordinator and the same is distributed at the expense of the Board to the teachers as well as the students. The Board conducts examinations and issues certificates to the students.

8. It is further contended in the affidavit that the expenses incurred towards the conduct of the examination are also paid to the Chief Coordinator on the basis of the vouchers submitted.

9. The petitioner has submitted Annexure-O3 replication before the Ombudsman, contesting the veracity of the statement furnished by the Commissioner-in-Charge. In his replication, the petitioner contends that the issues raised in the complaint have not been comprehensively addressed by the Commissioner-in-Charge. Specifically, the amounts expended under various heads, including teaching allowance, office expenditure, purchase of books, grants to private Mathapatasalas, contingency funds for Mathapatasalas, Gita Jayanthi celebrations, Pooja ceremonies, stipends, renovation activities of Mathapatasalas, and ‘mattinam,’ have not been detailed in the counter-affidavit. It is further pointed out that the Board has not disbursed any funds in connection with the Mathapatasalas to date. Additionally, the manner and purpose of such expenditure are not delineated or authorized by any orders issued by the Board.

10. The Secretary of the Board filed a statement (Annexure-O4) showing the amounts spent for Mathapatasala under each grade as reiterated by the Director of the Cultural and Archaeological Affairs Department.

11. The main grievance highlighted by the petitioner is that the budgetary allocation for the Mathapatasalas is too meagre, which will not be sufficient for the better conduct of the Mathapatasalas in promoting the Hindu Dharma through teaching imparted to the young generation. Despite the budgetary provisions, the amounts are not spent and thereby they are allowed to lapse. The petitioner, therefore, seeks appropriate guidelines in this regard for the effective management of the Mathapatasalas.

12. Sri. Krishnaraj, the learned counsel for the petitioner, submitted that the Travancore Devaswom Board has established Mathapatasalas on the basis of a covenant executed between the erstwhile Raja of Travancore and the Devaswom Board. At present, 186 Mathapatasalas (75 registered and 111 unregistered) are functioning at various places. The learned counsel submitted that the main object of the said institution is to promote Hindu Dharma by conducting classes for the young students. It is the bounden duty of the Travancore Devaswom Board to impart knowledge with regard to the concept of Dharma.

13. According to the learned counsel for the petitioner, the Travancore Devaswom Board is responsible for the improper functioning of the Mathapatasalas. It is the most neglected part of the activities of the Board and urgent intervention from this Court is indispensable. The learned counsel for the petitioner submitted that the current operation of the Mathapatasalas is characterised by irregularity and deficiencies.

14. It is pointed out that the budgetary allocation of various Mathapatasalas is grossly inadequate. Even the lion’s share of the budgetary allocation remains unutilized and consequently lapses at the end of every financial year.

15. The counsel would further point out that the Mathapatasalas are presently functioning on the basis of a bye-law formulated in the year 1980 and subsequently amended in the year 2002. The syllabus prescribed for the students of the Mathapatasala is too vague and inadequate. The provisions in the bye-laws with regard to the appointment of trainers and the award of grants are ineffective and unproductive. In short, the counsel submits that these institutions have failed to accomplish the desired objectives.

16. Sri. P Ramachandran, Amicus Curiae for the Ombudsman, would also point out that there exists a necessity for improvement in the administration and functioning of the Mathapatasalas to ensure compliance with prescribed standards and proper conduct.

17. Sri G. Biju, learned Standing Counsel for the Travancore Devaswom Board, would submit that the Board is taking earnest efforts to improve the functioning of the Mathapatasalas. However, several factors, such as lack of infrastructural facilities, non-availability of students and teachers, and various other reasons, are causing impediments to the smooth functioning of the institutions.

18. We have carefully considered the submissions advanced by the counsels and perused the records.

19. Bhagavat Gita teaches the importance of following the eternal duties with integrity, discipline and surrender to the Divine, ensuring the balance between dharma(righteousness) and adharma (unrighteousness). Article 51A(f) of the Indian Constitution enjoins that it shall be the duty of every citizen of India to value and preserve the rich heritage of our composite culture.

20. From the submissions before us, the following issues arise for our consideration:

                  1. Whether the operation of the Mathapatasalas is conducted in accordance with the prescribed standards and whether it has achieved the intended objectives;

                  2.       What deficiency or deficiencies exist within the current system governing the functioning of the Mathapatasalas?

                  3.       How the operational efficacy of the Mathapatasalas can be enhanced to better serve their purpose;

                  4.       Whether this Court's intervention is warranted under its parens patriae jurisdiction to supervise, regulate, and streamline the activities of the Mathapatasalas for the betterment of the beneficiaries and to uphold their welfare.

The Existing Factual Matrix:

21. Annexure-R1(a) is the bye-law of the Mathapatasala prepared in the year 1980 and Annexure-R1(b) is the revised syllabus. As per Annexure R1(a) and R1(b), the object of Mathapatasala is to create an awareness about the concept of Dharma among children and to impart moral values to the next generation.

22. As per the bye-laws, in order to start new Mathapatasalas, an application is to be submitted through the Assistant Devaswom Commissioner in the prescribed form to the Director of the Cultural Department, setting forth the name of the Mathapatasala, the details of teachers, staff, etc.

23. Classes are being conducted in the Mathapatasalas, categorising the students into four groups in the following manner.



24. The academic year of the Mathapatasalas starts on the Vijayadasami day and ends at the next Vijayadasami day. The tenure of each course is one year. The examinations for each year are to be completed before Mahanavami of each year. The time slots for the classes are fixed in the following manner;



25. Attendance for the students is made compulsory. The bye-law also includes the provisions for conducting art and literature competitions for the students and issuance of certificates to the successful students in the annual examinations. Clause XII of the bye-law provides for the award of grants for Mathapatasala. Clause XIII prescribes the syllabus. It reads as follows:



26. By the amended bye-law (Annexure-R1(b)), the syllabus of Mathapatasala was modified, incorporating Moolamanthras, Keerthanas and Sahasranamas for Class 1, i.e., ‘Vedhanda Prathamam’. The syllabus of Class 2, i.e., Vedhanda Dwitheeyam was also modified incorporating more stories of Sree Mahabhagavatham, Njanapana, Gita and Upanishads. The syllabus of Class 3, Vedhanda Thritheeyam and Class 4, Vedhanda Chathurtham were also modified by incorporating more topics from Bhagavad Gita, Ramayanam, Mahabharatham, Bhagavatham and the topics of saints like Vasishta, Naradha and Vishwamithra. In the amended bye-law, a new class was introduced as ‘Vedhanthacharya’.

27. The existing system of tutelage of Mathapatasalas is essentially arranged like classes in the regular schools, with compulsory attendance and promotions to the next classes on the basis of the marks/grade obtained in the annual examination. From the bye-laws produced, we find that the syllabus prescribed for the Mathapatasala is too vague, ambiguous and hazy.

28. Upon a careful analysis of the bye-laws and the prescribed syllabus, we are of the considered opinion that the current framework governing the Mathapatasalas is fundamentally flawed and manifestly deficient. The curriculum and syllabus for the respective classes, ranging from Prathamam to Vedhanthacharya, have been formulated without adherence to principles of clarity and transparency. Furthermore, the scheduling of instructional time slots for these classes overlaps with the students' regular scholastic commitments, thereby potentially infringing upon their right to education and causing undue interference with their academic pursuits.

29. The present system is based on compulsory attendance in classes and promotion on the basis of students’ performance in the annual examinations. It is made compulsory that at least 50 classes should be conducted for each class every year. We find that the present system of tutelage to be rigid, inflexible and not attractive to the children for whom it is intended.

30. On 03.10.2015, a meeting of the coordination committee of Mathapatasala, Travancore Devaswom Board was held to evaluate the activities and the functioning of the Mathapatasalas. The minutes of the meeting are produced before this Court.

31. The minutes would outline the various impediments to the smooth functioning of the Mathapatasala. They would highlight issues related to the availability of students and teachers. The meeting also discussed the lack of basic infrastructure facilities. Additionally, the minutes would indicate that the institution's syllabus would be thoroughly revised to make it more attractive to students. Suggestions were made to improve the relationship between the Board and the general public. The discussions also emphasised giving greater priority to the Sanskrit language. Furthermore, the minutes would highlight the lack of cooperation from the temple staff in activities related to the Mathapatasala.

Need for a total revamp

32. The petitioner herein has highlighted various inadequacies in the functioning of the Mathapatasalas. From the records produced before this Court, we find that a complete overhaul of the entire Mathapatasala scheme is necessary, including a thorough revision and modification of the syllabus, the pattern of functioning, the timings, and the methods of teaching, to effectively modify and reorganise the system.

33. It appears that the current system and pattern of functioning are neither suitable nor attractive to the intended students, the ultimate beneficiaries. The syllabus and the methods of study are described in a vague and ambiguous manner. The prescribed syllabus is to be uniformly followed across all temples located in the erstwhile Travancore area. Since the beneficiaries of the Mathapatasala are primarily regular school students, they may not have sufficient time to attend the classes, as the system is rigid and inflexible.

The revision and modification of the Syllabus/Curriculum

34. In the light of the above discussions, we deem it appropriate to direct the Travancore Devaswom Board to appoint a Committee consisting of seven members to conduct a study and submit a report before this Court with regard to the total restructuring and revamping of the syllabus/curriculum intended to be taught in Mathapatasalas.

35. The members of the said committee shall be persons with specialised knowledge in Sanskrit, Bhagavad Gita, Upanishads, Temple Arts, Temple Vadhyams and the matters connected with the temples.

36. While selecting the members to the committee, the TDB may consider the inclusion of retired Professors affiliated with Sree Sankaracharya University of Sanskrit, Kalady, the Chinmaya International Foundation, Veliyanad, Ernakulam, as well as faculty members (working/retired) from Kerala Kalamandalam. The TDB may also include eminent persons possessing specialised expertise in temple vadyams and temple arts, as well as academicians having proficiency in syllabus formulation.

37. In the course of revising and restructuring the curriculum, the designated committee may consider the inclusion of any or all of the following subjects:

                  1.       Introduction to Vedic Chanting & Mantra Recitation

                  a)       Correct pronunciation (śuddha ucchāraṇa)

                  b)       Basic rules of swaras, intonation, and rhythm

                  c)       Ethical guidelines for mantra practice

                  2.       Fundamentals of Hindu Ethics & Moral Philosophy

                  a)       Panchashila, Yamas & Niyamas

                  b)       Dharma, Satya, Ahimsa, Seva

                  c)       Stories illustrating moral reasoning for children

                  3.       Temple Rituals & Traditions (An Introduction)

                  a)       Basic understanding of daily poojas

                  b)       Significance of Deeparadhana, Nivedyam, Prasadam

                  c)       Structure and symbolism of Kerala temples

                  (The committee can design this module as a simple awareness module, not priesthood training.)

                  4. Traditional Kerala Performing Arts (Basic Appreciation)

                  a)       Kathakali and Chakyar Koothu

                  b)       Ottanthullal

                  c)       Krishnanattam

                  d)       Koodiyattam

                  e)       Theyyam (theoretical introduction only)

                  5.       Basics of Indian Classical Music & Temple Arts

                  a)       Introduction to Carnatic music

                  b)       Simple devotional songs and ragas

                  c)       Understanding shruti, tala, swara

                  d)       Dhyanam

                  e)       Basics of Mural paintings

                  6.       Ayurveda for Children (Introductory Concepts Only)

                  a)       Dinacharya (daily regimen)

                  b)       Ritucharya (seasonal routines)

                  c)       Basic idea of wellness rooted in Ayurveda traditions

                  d)       Basic idea of Yoga, Pranayama and Dhyanam.

                  7.       Indian Astronomy & Panchanga Basics

                  a)       Meaning of tithi, nakshatra, yoga, karana

                  b)       Basics of temple calendars and festival timings

                  c)       Introduction to ancient Indian astronomical knowledge

                  8.       Storytelling Traditions of India

                  a)       Panchatantra

                  b)       Hitopadesha

                  c)       Stories of great saints and philosophers

                  d)       Folk narratives linked to temple traditions

                  9.       Introduction to Sanskrit Language (Beginner-Level)

                  a)       Sanskrit alphabets

                  b)       Simple shlokas and verses

                  c)       Vocabulary for temple and cultural contexts

                  10.     Environment & Ecology in Hindu Thought

                  a)       Sacred groves (kaavu)

                  b)       Ecological symbolism in Puranas

                  c)       Value of conservation as a dharmic practice

                  11.     Indian Cultural Heritage & Temple Architecture

                  a)       Basics of Kerala temple architecture

                  b)       Symbolism of gopurams, dwajastambham, bali peedam

                  c)       Role of temples as cultural centres

                  12.     Introduction to Seva, Volunteering & Community Practices

                  a)       Value of service in temple life

                  b)       Cleanliness, orderliness, discipline

                  c)       Helping in festival organisation (age-appropriate) These topics are indicative and not exhaustive, and the Committee shall ensure that all content remains pedagogically sound, culturally respectful, and age-appropriate.

38. In order to ensure that the Mathapatasalas function in a sustainable and efficient manner, it is imperative that the Travancore Devaswom Board evolves a robust and transparent financial management framework. The amounts allocated for the establishment, maintenance and development of the Mathapatasalas must be utilised in a viable and judicious manner, strictly in accordance with identified priorities and clearly defined objectives. The Board shall formulate an annual budget for the Mathapatasalas in a structured and phased manner, beginning with essential requirements, such as the development of basic infrastructure, engagement of qualified instructors, procurement of instructional materials and facilitation of essential amenities, and progressively expanding the financial outlay in tune with the growth, needs and performance of each institution. A system of periodical financial review shall also be introduced to monitor expenditure, assess utilisation, identify discrepancies and ensure accountability at every level. Such a structured and incremental budgeting framework will enable the Mathapatasala scheme to develop organically over time, strengthening both the quality of instruction and the reach of the programme, while preventing misuse, diversion or imprudent deployment of funds.

39. The committee shall be formed within one month from the date of receipt of a copy of this order, and it shall submit a detailed report about the restructured curriculum and scheme before us as expeditiously as possible within an outer time limit of four months.

40. We deem it appropriate to further direct the Board to transfer the budgetary allocations of the funds to a separate Bank account forthwith, in order to avoid the lapse of funds.

                  The DBP is disposed of as above.