B K MATHUR Vs. UNION OF INDIA

JUDGEMENT

(1.) 1. The appeals raise the issue of the entitlement of accredited journalists, newsmen and cameramen to occupy Press Pool accommodation of the Government of India till they continue to be so accredited.

(2.) IT is the case of the appellants, who are journalists and cameramen, that it is as far back as in the year 1953 that the Union Cabinet took a decision to form a separate Press pool for Government accommodation in Delhi for accredited journalists and Press cameramen. The appellants claim to have been allotted Government accommodation in terms of the guidelines formulated in the year 1953 and are being charged rent. The Supreme Court came to analyze the problems arising from irregularities in allotment of government accommodation in Shiv Sagar Tiwari Vs. Union of India and Ors. AIR 1997 SC 2725. On this decision being pronounced in December 1996, the Government of India reviewed the guidelines for allotment of Government accommodation including in respect of the appellants. In this behalf recommendations were also sought from the press Council of India (for short 'pci' ). The appellants claim that the Government found that such journalists and Press cameramen were rendering useful and valuable service to the society and could, thus, be treated as a class in themselves entitling them to Government accommodation at subsidized rates. The matter, however, got raked up, once again, on the new guidelines coming into force w. e. f. 8. 3. 2001. An amendment was also made to even these guidelines vide Office Memorandum dated 19. 11. 2001. In view of new guidelines having come into force notices were issued to the appellants dated 16. 4. 2001 on the ground that they had become ineligible to retain Government accommodation and were asked to vacate the same not later than 15. 10. 2001.

(3.) THE appellants claim that the earlier existing guidelines had stood the test of time which did not require any modification and in any case the new guidelines could not have been applied to the appellants who were already in occupation of the Government accommodation as per the earlier guidelines. These guidelines are alleged to be also arbitrary, illegal and contrary to principles of natural justice and fair play resulting in miscarriage of justice. The appellants have sought to link the issue of their occupation of Government accommodation with freedom of press, which is an essential prerequisite for healthy and vibrant democracy. The Press Pool is stated to have been constituted in the year 1953 with 110 houses of type-IV being earmarked for it. The earlier guidelines provided for the houses to be allotted to such newsmen/cameramen who did not own any house in Delhi and the allotment was based on the recommendation of the Press Information bureau (for short 'pib') and the Press Association of India (for short 'pai' ). The basis of allotment is stated to be seniority of journalists in accordance with the accreditation with PIB and the rent was charged under FR 45-A.