DISHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner `Disha' is a Society registered under the Societies Registration Act. It claims to be engaged in promoting art and finding out new talent. It supports creative artists and works towards generating resources for artists. Petitioner society being deeply interested in development of art and culture, filed the present petition against Union of India thorough its Secretary, Department of Culture, respondent no.1 herein and the National Gallery of Modern Art impleaded as respondent no.2.

(2.) Petitioner prays for quashing of entire purchase of art work done by the Advisory Committee of Bombay Art Gallery of respondent no.2 for the year 2000-2001. Additionally, a mandamus is sought directing the respondents to follow the prescribed procedure for purchase of work through the Art Purchase Committee. The basis grievance in the writ petition is that the instead of purchase being done by the Art Purchase Committee, purchases have been made the Advisory Committee of the National Arts Gallery, Bombay. It is contended that the role of the Advisory Committee is to render advice in academic matters and not to make purchases.

(3.) Respondent no.2 does not have a separate constitution but operates as a subordinate office of Department of Culture, Government of India, respondent no.1. Respondent no.2 has laid down the objectives and activities of respondent no.1, which primarily include preservation of art, purchase of paintings and sculpture, graphics etc from artists/sculptors from all over the country of different vintage and preserve them in the museums of respondent no.1. Respondent no.2 is thereby expected to serve promotion of contemporary art and present them for public view and thereby preserve the rich heritage and culture of India.