J MOHAPATRA AND CO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The destiny of a nation rests with its youth. As we shape its mind and mould its character, so do we fashion our country's progress, prestige and prosperity. Wordworth truly said. "The Child is father of the Man", and Alexander Pope was equally right in saying in the first of his 'Moral Essays' - 'Epistle I to Sir Richard Temple, Lord Cobham' :

(2.) The selection of these books - both textbook and books for general reading to be kept in school and college libraries - is thus a matter of vital importance to the imparting of proper education. Such selection must necessarily depend upon the ability and fitness for the purpose of those who are charged with that responsibility. This question has come up for our consideration in this Appeal by Special Leave from the judgment and order of the High Court of Orissa dismissing, with no order as to costs, the petition under Art. 226 of the Constitution filed by the Appellants.

(3.) There does not exist any statutory rule or regulation in the State of Orissa prescribing the method for selection of books for general reading to be kept in school and college libraries. The State Government, however, periodically issues administrative instructions in the form of Government Resolutions constituting committees and laying down the procedure for selecting books. Broadly, speaking, three committees are constituted, namely, an Assessment Sub-Committee, a Distribution Sub-Committee and a Purchase Committee. Government officials as well as non-officials are appointed as members on these committees and sub-committees. Each year the State Government makes available a specific sum for purchase of books for libraries to be distributed among individual schools and colleges. The procedure followed is that each year the Member- Secretary of the Purchase Committee calls upon publishers and authors by advertisements given in local newspapers to submit books for consideration. The Assessment Sub-Committee then considers the books so submitted and thereafter recommends a list of books which, according to it, are suitable for general reading by school and college students. The Purchase Committee considers the recommendations made by the Assessment Sub-Committee and preparesa final list. It is open to the State Government to reject any book out of the list so submitted without giving any reason and the decision of the State Government regarding the assessment, selection, purchase and distribution of books is made. final. Though a separate Government Resolution is issued each year, by and large the same pattern and procedure are maintained and only a few committee and sub-committee, members are changed and new members appointed in their place. The selection of books for the years 1980, 1981 and 1982 was made in this fashion, Admittedly, some of the members of the Assessment Sub-Committee were themselves authors of books and some of the books written by them were selected and purchased. The annual grant sanctioned by the State Government for this purpose for the years 1980, 1981 and 1982 was Rupees 5,00,000. So far as the year 1982 was concerned, this annual grant fell short of the requirement by almost 50 per cent. Accordingly the Purchase Committee restricted the list to 466, books out of 1,718 books submitted for selection but as further funds became available the Government decided to select more books and accordingly constituted a Committee under the Chairmanship of Director of Public Instruction (Schools), Orissa. This Committee selected a supplementary list of 105 books out of the said 1,718 books which had been submitted for selection.