Full Judgment Text
CA No. 6036 of 2003
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6036 OF 2003
D.G., ALL INDIA RADIO & ANR. ..... APPELLANTS
VERSUS
PURANAM PURUSHOTHAM SASTRY ..... RESPONDENT
O R D E R
1. We have heard the learned counsel for the
respondent as the appellant's counsel is not present.
2. The claim of the respondent-writ petitioner was
that in the light of his expertise in the field of
Carnatic vocal music, he was not required to appear in
the audition. Reliance ha been placed on the experience
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certificate dated 20 October, 1971, issued on the
directions of the Director General, All India Radio,
which reads as under:
“We are glad to inform you that our
Director General is pleased to exempt you
from audition for the broadcast of
classical vocal music (Carnatic).
Broadcast engagements will be offered to
you as and when opportunities arise.”
3. Keeping in view the aforesaid certificate and
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other material on record, the learned single Judge of
the High Court issued the following directions:
“The petitioner being 77 years old
and having enormous experience in the vocal
music field and keeping in view the
exemption certificate issued by the
Director General of the All India Radio,
this Court feels that subjecting the
petitioner for audition test is illegal and
arbitrary and accordingly, the writ
petition is disposed of directing the
respondents to engage the petitioner for
Classical vocal Music (Carnatic) duly
paying the remuneration of the artist of
'A' grade without insisting on audition
test. No costs.”
4. This finding has been endorsed by the Division
Bench with minor modifications.
5. The learned counsel for the respondent who has
appeared through the Legal Services Committee of this
Court has pointed out that the respondent is as of now
87 years of age and in the light of this position, the
present appeal ought to be dismissed. We are of the
opinion that the directions issued on the facts of this
case by the learned Single Judge and the Division Bench
of the High Court largely call for no interference but
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the direction to the appellants in the order dated 20
November, 2001, “to engage the petitioner for Classical
Vocal Music (Carnatic) duly paying the remuneration of
the artist of 'A' Grade without insisting on audition
CA No. 6036 of 2003
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test.” needs to be modified to the extent that it would
be open to the appellants keeping in view the present
state of affairs to engage the respondent as an artist
of Carnatic classical vocal music and to pay him
remuneration as an 'A' Grade artist.
6. The appeal is disposed of with the above
directions.
..................J
[HARJIT SINGH BEDI]
..................J
[C.K. PRASAD]
NEW DELHI
MAY 04, 2010.