YASHODARA SRINIVASAN Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) Smt.Yashodara Srinivasan, petitioner, has filed this writ petition under Article 226 of the Constitution, inter alia, on the allegations that after undergoing a successful audition in the All India Radio in 1977 she was placed in B Grade in Karnataka Music. Thereafter in 1982 she was placed in the next higher Grade B High and was given opportunity to stage performance in the All India Radio Broadcasting through various stations such as Hyderabad,Trivandrum, Coimbatore and Delhi etc. Grade higher to 'B High' is 'A' followed by 'Top Artist'. Under Rule 12 of the Rules for the Music Audition Board (for short 'MAB') (annexure C), all 'B' and 'B High' artists can be upgraded only if they appear for a fresh audition and are considered fit for the higher grade. It is alleged that the petitioner, confidant of her improved ability, participated of her own volition in an audition test for upgradation from 'B High' to grade 'A' in 1989 and vide communication dated January 1, 1991 from the Programme Executive, respondent No.2, (annexure D) she was informed that she has been weeded out by MAB. Thereafter she sent letter dated April 2, 1991 (copy annexure E) to the Director General, respondent No.1, to reconsider her case. Vide letter dated May 10, 1991 (annexure F), Director of Programmes informed her that all the MAB tapes are listened to by a panel of well known musicians and musicologists and that it was not possible to reconsider her case. Not being satisfied with that decision, the petitioner made a representation dated April 4, 1992 (copy annexure G) to the Minister for Information and Broadcasting. Vide letter dated May 4, 1992 received from the Director of Programmes (Music) (annexure G1) she was intimated that it has been decided to reassess the performance of the petitioner by MAB and she may have the recording done at All India Radio, Delhi. It is alleged that the petitioner gave her recording on November 18, 1992 and her performance was to her entire satisfaction. Vide letter dated March 6, 1993 (annexure O) she was informed by respondent No.2 that the directorate has not approved for grade and hence, she is weeded out. Petitioner has challenged both the orders dated January 16, 1991 (annexure D) and March 6, 1993 (annexure O) on the ground that the MAB has no power to weed out any artist of 'B High' grade or above under Rules 10B and 11 of 1988 Rules (annexure C). It is stated that even if the Directorate decided to weed her out, set procedure as contained in Rule 11 was not followed before the impugned orders were passed. In this background prayer has been made to quash and set aside the impugned orders dated January 16, 1991 and March 6, 1993 and to order the restoration of the status of the petitioner to 'B High' grade artist.

(2.) In response to show cause notice the respondents filed a joint reply on the affidavit of Noreen Naqvi, Station Director, All India Radio, Sansad Marg, New Delhi. It is stated that the MAB is a high powered committee comprising of experts drawn from different disciplines of music and the Board is competent to recommend upgradation, down gradation or retention in the existing grade depending on the performance quality of an artist. In petitioner's case Members of the Board felt that she is not only unfit in the existing grade but it also recommended her total weeding out from the list of music artists on two occasions and that the decision of the Board is final. It is further stated that as per Directorate letter No.4/10/89- P2 dated April 10, 1990, Music Audition Rules 1988 have been amended and the MAB is empowered under the amended Rules to weed out a 'B High' grade artist.

(3.) In the rejoinder filed to the reply of the respondents, it is, inter alia, alleged that the amended Rules are not applicable to the present case.