DOORDARSHAN EMPANELED PRODUCERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in these Petitions is to the advertisement published by the Directorate of Extension (DOE), Department of Agriculture and Cooperation, Ministry of Agriculture, Government of India on the subject of application for Empanelment of Producers of Audio-Video Films/Spots. Three criteria have been published therein. Firstly that adequate qualifications with minimum professional experience of three preceding years in the field of audio- video productions should exist. After some argument, learned counsel for the Petitioner had correctly given up his assault on this criteria.

(2.) The second conditions is that the Petitioner should have produced at lease 20 good quality audio-video programmes in the last three years. The aspect of the objection is that a serial should not constitute only one programme. This contention be looked into by the Respondents, since a production spanning several hours cannot be equated to another which may be restricted to one hour or less. It is, however, not open to the Petitioners to challenged or dictate how many programmes should be specified by the Respondents as a pre-requirement for empanelment. The third criteria prescribes that the audio-video production work in the last three years should be of a value of at lease Rs.150.00 lakhs. Once again the Court cannot interfere with the discretion or opinion of another Authority.

(3.) While exercising judicial review of executive decisions the Court ought not to travel beyond an inquiry into whether any constitutional mandates have been violated and/or whether the decision is reasonable in the Wednesbury mould. Learned counsel for the Petitioner has contended that the second and third criteria do not bear any nexus to the objective sought to be achieved. It has been vehemently argued that the purpose behind laying down very high standards is to favour certain parties only.