PRASANTA KALITA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition, in the nature of public interest, challenges the constitution of the Search Committee consisting of three members to draw up a panel of three names in alphabetical order and submit the same to the President of India for appointment of one of the three names in the panel as the Chairman of the Academi.

(2.) THE petitioner claims that he is an artist and has been working with Lalit Kala Academi, New Delhi for the last 10 years. He is a National Award holder with various other awards as well. THE main grievance of the petitioner appears to be that nomination of Dr. (Smt.) Saryu V. Doshi as a member of the Search Committee is ultra vires the Constitution/ Memorandum of Association. According to the petitioner, in terms of Clause 5(i) of the Constitution/ Memorandum of Association, only a past Chairman could be nominated as one of the members of the Search Committee by the President of India. As Shri R.B. Bhaskaran, who was the past Chairman of the Academi for the year 2002 to 2007, was available for nomination, the nomination of Dr. (Smt.) Saryu V. Doshi, who was only appointed as pro-term Chairman of the Academi, is not in accordance with the above clause. His further grievance is that Dr. (Smt.) Saryu V. Doshi is not a recognized artist and she was nominated even without reference to the members of the Academi and for that reason, there was no transparency.

(3.) THE question is whether a pro-term Chairman would also be eligible for consideration to be nominated as one of the members of the Search Committee. It is the contention of the petitioner that only a past Chairman of the Academi, if available, shall alone be nominated. As Prof. R.B. Bhaskaran was available, he alone should have been nominated and Dr. (Smt.) Saryu Doshi, who was only appointed as a pro- term Chairman, could not have been nominated in terms of the above guidelines. Clause 5(i), of course, states that the other two names shall be nominated by the President of India out of which one shall be a past Chairman of the Academi, if available. However, "Note" to the said clause states that the President of India may appoint a pro term Chairman till the regular Chairman is appointed in accordance with the above procedure. THE Memorandum of Association empowers the appointment of a pro-term Chairman who will be entitled to discharge, inter alia, all the functions of the Chairman in terms of Clause 5(iv). THEre appears to be also no clause restricting the powers of pro-term Chairman to discharge the functions of the Chairman. THE term ,,past Chairman of the Academi employed in Clause 5(i) should be read together with the "Note" to the said clause and in such event, even a pro-term Chairman would be eligible to be nominated in the Search Committee. In as much as the grievance of the petitioner that Shri R.B. Bhaskaran alone could have been appointed, we cannot, in our opinion, read the bye-laws in such manner. THE limited role of the Search Committee is only to draw up a panel of three names in the alphabetical order and submit the same to the President of India who shall appoint one of the three names in the panel as the Chairman of the Academi. Factually, a panel of two names has been placed before the President of India and the President has nominated one amongst them, namely, Dr. (Smt.) Saryu Doshi. It is not the case of the petitioner that the name of Prof. R.B. Bhaskaran has not been included in the list for consideration by the President of India. Though his name was also considered, as the ultimate decision is left to the President of India, such a decision cannot be found fault with unless a nominee is not eligible to be nominated in the Search Committee. As we have found that even a pro-term Chairman of the Academi could be considered and nominated in the Search Committee in terms of clause 5(i) of the Memorandum of Association, the challenge to the nomination of Dr. (Smt.) Saryu V. Doshi must fail. Accordingly, we reject the said submission.