Y.K.MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN its meeting held under the Chairmanship of Honble Prime Minister on 20.5.2010, the National Committee for Commemoration of 150th Birth Anniversary of Swami Vivekananda, inter alia, decided to identify appropriate organizations at local level so that the government could support them to spread message of Swami Vivekananda. An Implementation Committee was also set up to take up the task of examining, approving and monitoring the implementation and reporting back to the National Committee.

(2.) THE petitioner before this Court submitted a proposal to the Chairman of the National Committee on 2.6.2010, offering to produce a two hours film. It was stated in the said letter that his organization ,,KASY FILMS was producing two feature films in English on Swamiji, which may be examined by the National Committee and if found suitable, a modest support may be extended to him. The proposal of the petitioner was considered by the National Implementation Committee in its meeting held on 3.9.2010. The proposal submitted by the petitioner was, however, rejected on the ground that it lacked the intrinsic merit. The petitioner submitted a new proposal to the National Implementation Committee on 27.7.2012. The said proposal was for production of a feature film on Vivekananda in English. Vide letter dated 8.8.2012, the Ministry of Culture requested the petitioner to submit a detailed proposal clearly mentioning the scope of the project and the financial assistance required by him. Vide communication dated 13.8.2012, the petitioner informed the respondents that the proposed film was on the lines of ,,Gandhi and the cost of the production would be somewhat around Rs.125 crore. The financial assistance required by the petitioner was to the extent of Rs.15 crore to cover the cost of three dances, all in America. The aforesaid proposal to the extent it is relevant reads as under:

(3.) AS regards, the directions sought by the petitioner to respondent no.4 to treat his proposal dated 27.7.2012 on the same parameters as were applied to the proposal of Belur Math for the production of a feature film on Swami Vivekananda, I find that in the writ petitioner, the petitioner has not questioned either the decision dated 3.9.2012 nor he has questioned the second decision dated 21.11.2012. In the absence of any challenge, particularly to the decision dated 21.11.2012, no relief to the petitioner can be granted in this writ petition. In order to succeed, the petitioner was required to assail the decision taken on 21.11.2012 and whow to the court as to how the said decision was in any manner illegal arbitrary or discriminatory so as to warrant interference by this Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India. That having not been done, the prayers made in the writ petition cannot be granted.