C GOPALKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is the producer of a sponsored serial titled 'VINODASALA' which was allowed to be telecast by Doordarshan Kendra. The serial which started as a comedy resulted in a tragedy not only to the petitioner but also thousands of viewers of the said serial since the Doordarshan did not allow to telecast two more episodes. So claims the petitioner.

(2.) Selection Committee of Doordarshan Kendra, Thiruvananthapuram has approved the petitioner's serial titled 'Vinodasala' after previewing pilot episode. Programme Executive of Doordarshan Kendra, accordingly issued a communication No. 54 (2)/95/P(SS)/DKT dated 5.12.1995 to the petitioner granting permission for producing the serial in 13 episodes. It was stated that all the rules mentioned in their pilot letter should be strictly followed for producing the remaining episodes of the serial. Tentative telecast date was fixed as 2.2.1995 (Friday) at 19.20 PM. Doordarshan Kendra however commenced telecast only on 23.2.1996 (Friday) at 7.20 PM. The telecast time allotted for the serial Vinodasala was between 7.20 PM and 7.45 PM on all Fridays. The 13th episodes of the said serial was telecast on 14.6.1996.

(3.) According to the petitioner, serial Vinodasala acclaimed the highest viewership and popularity among the Doordarshan viewers. The report of the Research and Evaluation Cell, Doordarshan Kendra, Thiruvananthapuram says that the serial Vinodasala is having the highest 'Doordarshan Rating' (75%) among all other serials that are being telecast by the Doordarshan currently. Petitioner submit that since the serial is having the highest Doordarshan rating and popularity the serial was much sought after by the sponsors, and the Advertisement Agency had to book and additional 400 seconds spot buys on the serial from the Doordarshan. According to the petitioner, thus the Doordarshan gained an additional revenue to the tune of Rs. 4 lakhs from the above serial by commercial spots. This is an all time record.