J MOHAPATRA AND CO Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two writ petitions have been filed with the prayer that the lists of approved books for the years 1980 1981 and 1982 and the Government decision contained in Annexure-4 regarding purchase of books out of the cyclone and flood relief grant be quashed. The main ground on which this relief has been claimed is an allegation of bias and personal interest against some members of the different Committees set UP by the State Government who were responsible for approving the lists of books inasmuch as these members got their own books included in the approved lists. In other words, the petitioners relied on the "Nemo debit esse judex in propria sua causa" (no man can be judge in his own cause).

(2.) Petitioner No. 1 in O. J, C. 1239 of 1983 is a partnership firm which carries on the business of publishing books petitioner No. 2 is also a reputed publisher of books. Petitioner No. 1 in O. J. C. No. 1438 of 1983 is a registered body, an association of publishers, authors and books-sellers. Petitioner No. 2 in the said writ application in his proprietary right carries on the business of publishing books on literature.

(3.) It has been alleged in both the writ petitions that in the years 1980, 1981 and 1982, the members of different committees who had the onerous duty of selecting books, got their own books as well as the books of their own publishers selected and since there was no time to challenge those decisions, the petitioners could not challenge the same. In the year 1983. the State Government received a huge financial assistance from flood and cyclone relief grant and books worth Rs. 45 lakhs were to be purchased for different institutions in the State. Without adopting the normal process of selection in accordance with the prescribed procedure, the State Government took a decision that the books already selected and approved for the years 1980, 1981 and 1982 together with another 105 books would be the approved lists from out of which books could be pruchased from the flood and cyclone relief grant. Since the lists allready approved during the years 1980. 1981 and 1982 are bad on account of bias and personal interest of the members . of the Committees, the Government decision adopting those lists in Annexure 4 is also bad in law and is liable to be quashed.