RAJ CHOWDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by this writ application has asked for the judicial review under Article 226 of the Constitution of India of the decision of respondent No. 3, viz., The Director, Doordarshan Kendra, Calcutta taken on its behalf by Programme Executive. Doordarshan Kendra, Calcutta being the respondent No. 4 whereby the petitioners's application for extension of telecast of the mega serial "Mahaprabhu" beyond 455 episodes was rejected.

(2.) Briefly stated facts are produced hereunder.The petitioner applied for telecast of the mega serial under the name and style of "Mahaprabhu" to depict the life, works, teachings and preachings of Shree Chaitanya a religious leader whose advent was in Bengal in 15th century. The proposal of the petitioner to telecast the said serial was for at least 500 episodes. The petitioner contends proposal was accepted by the respondent Nos. 2 and 3 in principle. Thus it was an agreement of the respondent Nos. 3 and 4 to allow the petitioner to telecast of the said serial in 500 episodes.

(3.) In terms of the aforesaid agreement the writ petitioner duly started production of the said mega serial by engaging artist(s) technicians and other staff. At the first instance the respondent No. 3 sanctioned 65 episodes. Thereafter, time to time the respondent No. 3 granted extension of episodes up to 455 number. The petitioner duly paid and in fact at all material times had and still has been ready and willing to pay the consideration at the prescribed rate for such telecasting. This mega serial has become extremely popular as the true and proper life story and activity of Shree Chaitanya has been projected. As such a large number of viewers have been sending appreciation and also requesting the petitioner to depict life, works and sermon of Shree Chaitanya elaborately in details and even after the death of Shree Chaitanya his preachings and teachings being followed and propagated by his disciple Nityanand. Not only the viewers' satisfaction it appears the role of Shree Chaitanya was characterized so perfectly and emotionally by lead actor that he has been declared the best actor in the mega serials. So considering the perfection and excellence of the quality of the mega serial further extension of the episodes is necessary. In similar cases likewise the petitioner extension has been granted and is being granted with impunity some of the mega serials extension of episode of which is being granted mentioned in the petition are Janmabhumi, Roopkatha, Kanakanjali, Rajeswari and Ramkrishna. But in this case the respondent Nos. 3 and 4 arbitrarily and wrongfully have not only refused to grant extension of episodes but in fact illegally and arbitrarily reduced the number of episodes from agreed 500 episodes to 455 episodes. Such illegally abrupt termination of episodes is in breach of the statutory contract and further the petitioner has legitimate expectation to have extension of episodes as in fact in past on all occasions without any departure extension has been granted. As such this act and conduct of the respondents had aroused and/or generated expectation of the petitioner.