SURMANI RAGHUNATH PANIGRAHI Vs. ORISSA SANGEET NATAK AKADEMI

JUDGEMENT

(1.) THE petitioners are eminent artists and Art lovers in different fields 6f Art; they have filed this writ application for declaration that the decision taken by the President of Orissa Sangeet Natak Akademi to confer awards in the category of Odissi Dance and Sugam Sangeet for the year 2001 is illegal and Without observing due process of rules, the other prayers Of the petitioners is for a direction to the State Government to intervene and review affairs of the Akademi and insist the authorities to adopt past practice and function as per the prescribed rules in the matter of selection of awardees.

(2.) ORISSA Sangeet Natak Akademi is promoted by the State Government and, managed with the assistance of office bearers such as, President, Vice President, Secretary and the members chosen from different cultural institutions spread all over the State. It has its own constitution which provides for General Council as well as Executive Body and, Finance Committee who manage day to day affairs of the Akademi. One of the objectives of the Akademi is to.promote and encourage Artists in the field of Arts and also give awards every year to the distinguished Artists in the filed of Dance, Drama and Music etc. The Akademi has been discharging functions since 1970 -71. At present the Akademi gives annual awards on eleven categories which are stated below.

(3.) AFTER hearing learned counsel for both parties and on perusal of the averments made in the writ application as well as the counter affidavit, we are of the view that selection of the awardees in respect of the Sugam Sangeet and Odissi Dance will depend on two factors, namely (i) whether they had been nominated at all or not; and (ii) whether majority of the members present during the meeting agreed to such nomination or not. In order to arrive at a conclusion in respect of the above two factors, we directed the learned Additional Government Advocate to produce the relevant records and pursuant to such direction records were placed before the Court. The entry dated 28.6.2002 in the register maintained for recording of presence of members during meetings indicates that out of nine members seven were present. Learned counsel for the State though produced the proceedings of the meeting could not produce the resolution passed by the committee on 28.6.2002, On the other hand, it appears that in a single sheet paper names of the awardees have been mentioned and two persons have signed. It is not known whether signatures are that of the President and the Secretary or not. However, from the records placed before this Court it is clear that on 28.6.2002 out of nine members, seven members were present but no resolution was passed. It is also clear that in the list of awardees prepared in a plain sheet only two persons have signed out of seven members present in the meeting. We are, therefore, inclined to accept the case of the petitioners that most of the members did not agree to the selection made by the committee on 28.6.2002 and therefore neither there is any resolution by the committee to indicate the manner of selection of awardees nor a single paper in which names of awardees in different disciplines have been mentioned, is signed by the members present during the meeting excepting two members. Learned counsel for the State on being confronted with the documents submitted that since the writ application is confined to award in respect of Sugam Sangeet and Odissi Dance the decision with regard to rest of the awards may not been interfered with. We are unable to accept such a contention since the entire procedure/practice adopted by the Committee in selection of awards is unknown to law. We accordingly direct that the selection of awardees in respect of different categories of awards shall be reconsidered by the committee of the Akademi in accordance with its constitution and practice followed earlier. It is also directed that the resolution of the committeeshall be reduced to writing for the purpose of record and onlywhen decision of the committee is accepted by majority of themembers present during meeting, such decision shall be giveneffect to.