BILKESH PARVEEN Vs. BOARD OF TRUSTEES KALA VIKASH

JUDGEMENT

(1.) KALA Vikash Kendra, Cuttack (for shot, 'KVK') is a society governed by the Societies Registration Act and has been founded by Late Babulal Doshi for promoting dance, music and drama. KVK runs, inter alia, Trupti Ghosh Working Women's Hostel (for short, 'the hostel'). The petitioner is a Lecturer in English in Tangi Mahavidyala of Cuttack district and has been staying in the hostel to pursue her research in the subject under the Utkal University. The Opp. Party No. 3, Secretary of KVK issued a notice dated 30.9.2003 to the petitioner asking her to vacate the hostel by the 10th of October, 2.003. In the said notice, the Opp. Party No. 3 has stated that the petitioner was allowed to stay few months more and she was advised to make alternative arrangement. The petitioner has filed this Writ Petition under Article 226 of the Constitution praying for setting aside the said notice dated 30.9.2003 issued by the Opp. Party No. 3.

(2.) ON 8.10,2003 a Learned Single Judge of this Court acting as the Vacation Judge notice to the opposite parties and passed orders in Misc. Case No. 10100 of 2003 directing that there be interim stay of the impugned notice dated 30.9.2003. On 27.10.2003 since no one appeared for the opposite parties despite service of the notice, a Division Bench of this Court passed orders continuing the said interim Order dated 8.10.2003 until further orders.

(3.) AT the hearing, Mr. Bibudhendra Mishra, Learned Counsel for the petitioner, submitted that under Article 226 of the Constitution of India the High Court has powers to issue direction, order or writ to 'any person or authority' and the expression 'any person or authority' is wide enough to include a person or authority other than the State as defined in Article 12 of the Constitution. He submitted that the law is well settled that a direction, Order or Writ can be issued to even a private person performing a public duty. He argued that KVK is performing functions which are part of the functions of a Welfare State and has been receiving grants from the Government from time to time for such welfare activities. Referring to various publications on the KVK produced in Court, he submitted that KVK runs a College of Indian Dance and Music, is an Odissi Dance Centre for Performing Artists, is a Research Bureau for Folk and Tribal Dance, is a center for Champaklal Meheta Fine Arts, runs a hostel for children known as 'Sishu Manjari' and also runs a Working Women's Hostel known as 'Trupti Ghosh Working Women's Hostel'. He further pointed out that the Departments of Hindustani Sangeet and Instrumental Music of KVK are affiliated to Indira Kala Sangeet Mahavidyalaya, Khairagarh, M.P. and Akhil Bharatiya Gandarva Mahavidyalaya Mandal, Maharashtra and the Departments of Odissi Dance and Music of KVK are affiliated to Orissa Sangeet Natak Academy, Bhubaneswar. He further submitted that KVK prepares students for 6 year degree courses and 2 year postgraduate courses on the aforesaid subjects and has been recognized by the Government of Orissa. He submitted that the KVK receives grants from the Department of Culture under the Ministry of Human Resource Development of the Government of India and also receives grants from the Central Social Welfare Board. The Foundation Stone of KVK was laid by Dr. Harekrushna Mahtab, the then Chief Minister of Orissa and a sum of Rs. 10,000/ was sanctioned from the Local Development Fund of the Government at that time. The ground floor of KVK building was inaugurated by Shri Humayun Kabir, the then Minister of the Department of Culture, Government of India, and a grant of Rs. 5,000/ was made by him to KVK. He further submitted that the Government of India released Rs. 24,000/ and Rs. 65,000/ while the Government of Orissa released a grant of Rs. 75,000/ and Pandit Jawaharlal Nehru, the then Prime Minister of India had made a grant of Rs. 10,000/ to the KVK. He submitted that the Delhi Sangeet Natak Academy had also made a grant to KVK for research in Folk Music and Dance. The Industries Department, Government of Orissa has also made a grant for the Tailoring Department of KVK. He further stated that the Government of Orissa leased out 14 gunths of land at a Salami of Rs. 400/ for construction of the building of KVK and also leased out 8 gunths of land at a Salami of Re. 1/ for construction of the hostel. He pointed out that Shri Basanta Kumar Biswal, the then Deputy Chief Minister of Orissa, had given a grant of Rs. 77,000/ to KVK for a standby generator and other equipment and Shri Ranganath Mishra, Member of Parliament, has granted Rs. 2 lakhs from the M.P's Discretionary Fund for improvement of the stage of KVK. He argued that all the aforesaid facts stated in different publications of KVK produced before the Court would clearly show that KVK and its authorities are performing public duties and are amenable to the Writ Jurisdiction of this Court under Article 226 of the Constitution.