CHARAN PRATAP @ KANISHKA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition in the shape of Public Interest Litigation has been filed by the petitioner, who is claiming to be a famous Odiya Novel writer and also the Proprietor of a Odiya Book Pubication unit namely, 'Pine Books', challenging the nomination of the Odiya Novel Book "Achinha Basabhumi" written by the author Smt. Kalpana Kumari Devi-O.P. No.8, to receive the 'Sahitya Academi Award for the year 2011' and further praying for issuance of a writ of certiorari quashing the entire process of selection and nomination of the said Book for receiving the Sahitya Academy Award, which is going to be presented on 14.02.2012 by the Kendriya Sahitya Academy.

(2.) The case of the petitioner in brief is that the Government of India in its Ministry of Tourism and Culture has made provision for giving Award namely, "Sahitya Academy Award" in the field of Literature each year. As per the Scheme, the Government of India has decided to give the said award to the most outstanding books of literature published in any of the major Indian languages recognized by the Academy. The Government of India for the purpose of selection of the books has constituted an Academy, namely, National Academy of Letters. Further, for the selection of that book, the Government of India has also formulated the 'Annual Sahitya Akademi Awards Rules' (hereinafter called 'the Rules') suggesting different guidelines for selection of the outstanding books to get the said award. As per the Rules, there shall be an award every year for the most outstanding book of an Indian author published in any of the languages recognized by the Akademi during the three years prior to the year, immediately preceeding the year of the Award. As per the Rules, a book which is to be included for selection must be an outstanding contribution to the language and literature to which it belongs and should be a creative or a critical work, but must not be the other categories of book as specified therein. It is stated that for selecting the books in each State an Executive Body and an Advisory Committee have been formed consisting of eminent writers of the respective states. As per the Rules, each Language Advisory Board member shall be nominated by the President of the Akademi. For the purpose of selection of the book, a ground list shall be prepared which is to be circulated to all the members of the Language Advisory Board including the Convenor and out of the books included in the ground list, the Language Advisory Board shall nominate two books each and ultimately the three member Jury (duly selected by the President of the Akademi) shall nominate a book impartially to receive the said Award.

(3.) The case of the petitioner is that the book/novel in question i.e. "Achinha Basabhumi" written by the author-O.P.No.8 has been finally selected by the Jury of the State to get the said Award for the year 2011.