Dilip Kumar Das vs State of West Bengal & Ors.

PROTIK PRAKASH BANERJEE, J.

When the Lord was made flesh and walked the monsoon wet earth of Bengal, he carried neither the sword of retribution nor the promise of a flood

or fire to come â€" he was and sang only of Love. His acolytes and followers remind us of him â€" when we can turn away long enough from the

jungle drums pounding like the blood in our veins and the thousand forbidden pleasures of the flesh â€" through their recounting of the story of the

divine love of the one who is attracted and he who attracts, the eternal Radha and the eternal Krishna, the Kirtan, more particularly the Lila Kirtan of

Bengal. The glory of Kirtan and what comprises its essentials were never the subject matter of any forensic analysis by a court of law in this country.

There is however, always a first time for everything. This is that time.

A subsidiary challenge â€" though perhaps more important in law â€" was leveled by the State of West Bengal in its report. The effect, the State

says, of acceding to the prayers of the writ petitioner would be to accept that there can be hereditary succession in case of public employment, under

the State. This effect, the State of West Bengal contends in all seriousness, is anathema to India, since dynastic succession is alien to the present

constitution of this country, even if not a stranger to the country itself.

Perhaps it would be better if I were to set down the admitted facts first, before piping all and sundry into a history of devotional music and the

complications of how people get jobs in this part of the country. it appears that the writ petitioner, a grandson of one Nanda Kishore Das, seeks that

the process of approval of appointment of an instructor/principal of the Radha Krishna Kirtan Chatushpati (hereafter “the said institutionâ€)

founded by his grandfather and continued by his father is brought to its logical conclusion, after certain resolutions purported to have been taken by the

Managing Committee of the said institution are brought before this court. However, shorn of the verbiage he wants that the de facto appointment of

his brother, the other grandson, who is the 12th respondent, as the Instructor/Principal be set aside and the records which the respondent no. 12 has

taken into his custody be sent to the appropriate authorities of the respondent no. 1. This has been opposed by the State respondents on the ground

that hereditary appointment to the post of the principal of a school run on government grants, training students in Kirtan and research into the folk

culture of Bengal, is not in accordance with law. The respondents would rather have the managing committee of the institution continue with the ad

hoc appointment of the petitioner’s brother as a principal and then decide in its own way whom to appoint such principal.

The writ petition was moved on service on the State Respondents. The affidavit of service shows this. However, the respondent no.12 and the

respondents no. 6, 8 and 9, had not been served. The second affidavit of service filed after my order dated June 13, 2018 shows that the envelopes

sent by speed post with acknowledgement due came back with the endorsement “not known, return to senderâ€. No other address is known to the

petitioner in respect of these respondents. I have treated this to be good service. Despite service, the respondent no. 12, the said brother of the writ

petitioner, has not appeared. Therefore, I proceeded on the basis that the matter was ready as regards service. The respondent State and its

authorities, however, appeared and on my directions, submitted their instructions under cover of a letter dated June 14, 2018 signed by the 3rd

respondent. No exception was taken to the matters of record disclosed by and in such instructions.

On the basis of the facts and circumstances as appear from the writ petition and the said instructions, it appears that the said institution was

established by one Nanda Kishore Das, reputed to be an accomplished maestro of the Manohar Shahi tradition of “Kirtanâ€. Even the building in

which the institution now operates was constructed from the grants given by the respondent no. 1. The institution in question runs entirely on the

grants given by the respondent no. 1, and each of its employees, including the “Instructorâ€/“Adhyaksha†or Principal (who is the head of the

institution), the “Mridanga Teacherâ€/“Instrumentalist†and the clerk, et al, receive their salaries from this grant. There are 20 students, known

as “trainees†in this institution, and their stipends are also paid from this government grant. The records show that when the institution was

operating in 1960, the majority of the members of the managing committee were ex-officio members, being the high officers of the respondent no. 1

and its educational/social education departments. The proposal to run the said institution by Hare Krishna Das, the son of the founder, Nanda Kishore

Das, as the new “Instructor†after the said founder died in harness in 1994, was approved by the authorities of the respondent no. 1 and on their

direction the Secretary of the Institution was directed to reconstitute the managing committee. Even the step of increasing the grant was taken by the

Director of Public Instructions, West Bengal, an authority of the respondent no. 1, on the express finding that the said institute was engaged in

research and development of folk culture of Bengal like “Kirtan†and imparting knowledge among students from the poorer section of the society

in these subjects. Therefore, a public function is being carried on by the institute, which is functionally, financially and administratively, that is to say,

pervasively controlled by the respondent State authorities. Therefore, it is clear, that an application under Article 226 of the Constitution of India is

maintainable in respect of the selection process of the “principalâ€, by whatever name called, of the said institute particularly since he receives his

salary from the grant given by the respondent no. 1. The employees of the said institute therefore, can therefore be deemed to be in public

employment.

It is also not disputed by the parties that the founder of the institute, Nanda Kishore Das, was a leading exponent of the Manohar Shahi tradition of

Lila Kirtan in Bengal, and a renowned singer/composer or that his son Hare Krishna Das, who succeeded him as the Instructor was a renowned

exponent of Kirtan and a singer/composer. The qualifications of the writ petitioner as a well-known singer of Lila Kirtan who had trained under

renowned experts and is well known as a singer/composer of such Kirtans, who has regularly sung at the All India Radio, Doordarshan are also not

disputed. Neither is it disputed that the respondent no. 12, the brother of the writ petitioner, is in employment at the same institute as an instrumentalist,

being a player of mridanga, and is duly qualified to play it. What is disputed is whether the respondent no. 12 was entitled to take possession and

custody of the records of the institute, or to operate its bank accounts or act as the instructor and more importantly whether he is qualified and

authorized to do any of those things, and what are the qualifications for becoming an Instructor of the Institute. The writ petitioner has alleged that

there is a resolution by which allegedly the first managing committee of the said institution established a hereditary succession to the post of the

principal of the institution, in case there were well-qualified legal heirs of the said founder Nanda Kishore Das. He alleges no copy of this was given to

him despite request. It is also admitted that the writ petitioner made representations before the Secretary, Dept. of Higher Education (Science &

Technology and bio-technology), of the respondent no. 1, through whom the respondent no. 1 has been arrayed, on January 15, 2018 as also the

respondent no. 3, seeking to be appointed as the Instructor, and expressly stating about the unfortunate incident and the urgent need to fill up the

vacancy in the institution to which neither of the respondents as aforesaid, acceded.

Though in the petition it has been alleged that due to the objections of the respondent no. 12, the managing committee could not take any resolution

to appoint any person as the Instructor and also that the respondent no. 12 was illegally acting as a secretary of the managing committee after illegally

taking into his custody all documents relating to the institution I have satisfied myself from the records that this is simply not true. The report signed by

the respondent no. 3 clearly states at paragraph 9, that due to the illness of Hare Krishna Das, since deceased, (the principal and secretary of the said

institution) the managing committee by a resolution dated November 25, 2017 conferred the duty of the day to day work to the respondent no. 12, the

Mridanga Teacher till the recovery of the said Hare Krishna Das. A copy of the resolution has been annexed to the instructions/report. I have also

satisfied myself from the said records that there was a managing committee meeting on inter alia March 24, 2018 and that the managing committee

duly resolved that since the said respondent no. 12 had been functioning as the secretary of the institution during the illness of the last Instructor, since

deceased, (the said Hare Krishna Das) he was being given the responsibility and duty of operating the bank accounts of the said institution for

defraying necessary expenses. The records also show that by a resolution of the managing committee, dated April 10, 2018 the respondent no. 12 has

been nominated as a member of the managing committee and appointed as the secretary of the said institution. The report further asserts that the

bank pass book is kept in the office of the institute and not the custody of the respondent no. 12 individually. So, I am afraid, that I cannot hold that the

respondent authorities or the authorities of the institution did not authorize the respondent no. 12 to act as secretary or take into his custody the said

documents.

On the basis of the above, it is clear that the answer to the writ petition depends upon whether the writ petitioner can rely upon mere heredity as a

qualification for being appointed as the Instructor of the said institute â€" since it amounts to public employment â€" and at any rate, what should be

the qualifications for an instructor of such an institute which trains students in the Manohar Shahi tradition of kirtan and engages in research into the

folk culture and traditions of Bengal, and what the respondent authorities should consider before making the appointment. The last two questions

would naturally require me to consider what is Lila Kirtan in West Bengal, what comprises its Manohar Shahi tradition, and what its essence â€" the

composition, that is to say the words and the ragas in which they are sung and the singing itself, or the instrument which accompanies it?

Now that we have got the unpleasantness â€" being the facts â€" out of the way, we can dive deep into that endless fascination which is

Krishnaprem, diluted here and there by the clear stream of Law and the Constitution of India.

In the Music of India, by Herbert Popley, Oxford University Press, published by Association Press in Calcutta, in 1921, at page 91, the author has

spoken of the favourite method of religious exposition as being “song†and that “in Bengal the Kirtan is somewhat similar to this, with

peculiarities all its own. The Kirtan in Bengal is a kind of dramatic sonata, which was first introduced at the time of Chaitanya in connection with the

Bhakti revival. The theme develops from phase to phase and from emotion to emotion and is generally based on a distinct part of the Krishna legend.

It gives plenty of scope for originality and improvisation. The raga also changes with the emotion, and both music and melody are fluid and not rigidly

bound to definite modes. There is usually a choir to help the leader, and a small orchestra.â€​

Swami Sivananda, in his web-article Kirtan In Bengal http://sivanandaonline.org/public_html/?cmd=displaysection&section_id =1117 has narrated

the history of Kirtan and in passing, has observed the following about the ingredients of the Kirtan Tradition in Bengal, while dealing expressly with the

type of Kirtan called Lila-kirtan or Rasa-kirtan, which are songs composed and sung on the doings and ways of Lord Krishna, at different periods and

circumstances: -

“A complete chronological history of Kirtan is not available. The old Archaeological ruins of Somapur 'Bihara' in Paharpur in North Bengal is the

mute evidence of the fact of the great influence of the then decaying Buddhistic religion having its stronghold in that part of the province. With the

lapse of time these Buddhists took to mysterious and secret rituals and cults. The practitioners of these cults are mentioned in Vaishnava literature as

Pasandi. More than about 1000 years ago Buddhist Acharyas like Luipad used to perform something similar to Kirtan. The Bhikkus and Bhikkunis

used to do Kirtan in different localities. In Koi Fong Iron Temple in China, built sometime between 900 and 1280 A.D., there is a picture of Kirtan as it

is practised in Bengal, an exact replica of Kirtan done in the days of Lord Sri Chaitanya. It is taken for granted that the sweet flow of Kirtan started

from the time of Jayadev. It has been said before that Sri Chaitanya and Nityananda are deemed to be the creators of Sankirtan. It is said that

Maharaja GajapatiPrataparudra of Puri when he heard Sankirtan, asked his chief courtier 'what music is this?' His courtier Pundit Sarvabhouma

Bhattacharya explained that Lord Chaitanya had created this.

It is mentioned in Chaitanya Bhagavata that on his return from Gaya Lord Sri Chaitanya was mad after Harinam. The pupils of his Tole, religious

school told him Lord, we also would like to do Kirtan with you but we do not know how to do it, please teach us. Then Lord Chaitanya sang:

HarayeNamaha Krishna YadavayaNamaha, Gopala Govinda Rama Sri Madhusudana, in accompaniment with clapping of hands. Thus began

Sankirtan in India. He advised that Krishnanam is Mahamantra, and asked everyone to sing 'Hare Krishna Hare Krishna KrishnaKrishna Hare Hare;

Hare Rama Hare Rama RamaRama Hare Hare.'

There are five schools of Kirtan: 1. The one introduced by Narottamdas, a great Vaishnava Bhakta, resident of a place called Khetri in the Pargana of

Garerhat in Rajshahi, is known as 'Garanhati'. 2. In the district of Burdwan from Manoharsahi Pargana came 'Manoharsahi' introduced by Acharya

Srinivas and propagated by Jnandas, Balramdas, who were contemporaries of Narottamdas. 3. From Ranihati, also in Burdwan district come 'Reneti'

similarly introduced by Acharya Srinivas and subsequently popularised by Vaishnavadas and Uddhavadas. 4. From Mandaran in Midnapore district

comes 'Mandarini'. 5. 'Jharkhandi' comes from Jharkand, also situated in Midnapore. Mandarini, Reneti and Jharkhandi types of Kirtans are more or

less out of use now. Garanhati school is now revived by Brajamadhuri Sangha. Manoharsahi is mostly in vogue now.â€​

Slightly more concise, but informative, about the Manohar Shahi tradition of Kirtan, is the article by Sri Suresh Pandey in his article Journey of

Devotional Music: From Brindaban to Bengal, reported as LM 00838, II/19, in JSTOR, which, among other things, opines as follows: -

“It is Narottam Thakur who Intiated the process of developing the mode of singing of ""Lila Kirtan"" or •padavali Kirtan"". Srinivas Acharya

introduced the classical ""Manohar Shahi Gharana"" of Kirtan in Bengal. The famous Vaisnava festival instituted by Narottam Thakur at Khetury

towards the close of 16th century constitutes a landmark in the evolution of 'Kirtan•. In fact. he introduced a new style in its performance the mode

of classical devotional music.3 He introduced the style of ""Dhrupad"" particularly known as ""Prabandhageeti"" in ancient India classical music. Srinivas

Acharya introduced Marg Sangeet.

‘Lila Kirtan’ is a distinct kind of Kirtan representing various activities. sentiments. moods and feelings experienced by Sri Radha and her

consort Lord Krishna during the different stages of their courtship and reciprocation of love. The main theme of these Kirtans is constituted by eight

principal divisions of ""Rasa"" as enunciated by tha Vaisnava philosophers. Each of these divisions. is again sub-divided into eight subtler moods and

feelings so that there are sixty-four moods which may be related through these devotional songs. For example one of the principal division is

Abhisarika"". Radha proceeding to meet her beloved. Another one is Swadhinbhartika. male lover appeasing lady love. Swadhinbhartika consists of

Kopana, Manini. Mugdha. Madhya. Samultika. Sollasa. Anukula and Abisikta.

These kirtans had affinity with Dhrupad song both in its structure and mode of recital. The language used was Brajbuli. In the 16th and early 17th

centuries the language of the people Of Mithila was known as BraJbu1i in which Narottarn Thakur and Srinivas Acharya had become experts during

their stay in Brajmandal. Lilakirtan or Rasakirtan or Prabanndhagiti became popular and enjoyed royal patronage of Malla rulers of Bishnupur. The

terracotta panels of Shaymrai and Krishnarai temples bear evidence of this popularity. Narottam Thakur introduced ""Garanhati"" style (gharana)

Whereas Srinivas Acharya introduced Manoharshahi style of narration. They composed padas or verses set to different ragas, raginis and tals, which

were sung at the different hours of day and night. morning and evening.

These songs were usually set to Choutal. Dhamar. Surfanktal. Arachoutal. Trital, Rupak. Deepchandi etc. They had four different stagesSthayee.

Antara, Sanchari and Abhog. The musical instruments that were played as accompaniment to these devotional songs were the Sarangi. the Tanpura.

the Pakhawaj and the Kartal. Due to close study and gaining proficiency in singing ""Dhrupad"" during their stay at Brindaban by the two erudite

Vaisnava philosophers Srinivas Acharya and Narottam Thakur. the style of singing •Kirtan• introduced by them could not help being deeply

influenced by north Indian music. Brindaban and Mathura. the two chief places of pilgrimage for the Vaisnavas. had grown into prominent centres of

Dhrupad. The disciples from BrindabanNarottam and Srinivas popularized it. In fact, Lila Kirtan and Rasakirtan gharanas of Bengal, owe a lot to

Brindaban.â€​

In Volume 1, Issue No.2 of Gandharvam, ( a refereed journal of Sachin Dev Burman Memorial Government Music College), Tama Debnath has

written an exquisitely researched article on Padavali Kirtan: The Devotional Song of Bengal, which I have sourced from

http://sdmgovtmusiccollege.in/gandharvam/index.php/component/cont ent/article/10-vol-1-no-2/30-padavali-kirtan-the-devotional-song-ofbengaland

which alas, space permits me to quote only a little from and that too, to illustrate what are the essential parts of a Lila Kirtan or Padvali Kirtan in

Bengal, which is as important to Manohar Shahi Kirtan as a style, as combustibility is to oxygen it has been stated: -

“The great Vaishnava Savant has created the main five limbs of Padavali Kirtan, which was known as ‘Anga’. The limbs are: Katha, Doha,

Tuka, Chhuta and Ankhara. Each one has its own meaning like ‘Katha’ means language, the main text of a song. But the word ‘katha’ is

also used to mean some other contexts. It signifies conversation, particularly in the form of question and answer between Radha, Krishna and Barayi.

It also means the connecting link between one piece of song and the other. When the kirtan singer explains the meaning of a line or a stanza in plain

prose, it calls ‘katha’. ‘Doha’ indicates the stanzas of various forms in Padavali lyrics, which helps a singer to recite in their performance.

‘Tuka’ is an ornamental part of a song which is traditionally handed down from one generation of singers to another. ‘Chhuta’ is a part of

a kirtan stanza. When a part of a stanza is presented instead of the entire stanza, it becomes ‘chhuta’. The last one is ‘Akhara’ which is

the most significant limb of Padavali Kirtan. It is unique to Padavali Kirtan and is a principle means to enhance the sweetness of the music and

highlight the bhava of the topic. It may be described as small phrases and the performers use it in the middle of their song. Actually to highlight a

particular emotion of the scene, everybody wants to describe it without break the emotional continuity of the original Pada. ‘Ankhara’ is not

written down or codified like the Padas. They are usually handed over from the guru to the shishya through generations.â€​

She had this to say about the Manohar Shahi Gharana, in particular: -

“the next kirtan style was developed by a Vaishnava Savant named Jnanadas, who lived in a village called Kandara under the administrative unit

Manohar Shahi. So his created style was identified as ‘Manhar Shahi gharana’ of Padavali Kirtan. Jnanadas made his style a little easier than

the Garanhati style. He added some speed to the tempo (rhythm) and opted for vocal improvisation to make the composition more attractive. This

singing style of Padavali Kirtan was counted as being equivalent to the khayal gharana of Hindustani musicâ€​.

From the above, I have no hesitation to conclude that Lila Kirtan is a particular type of devotional song in Bengal whose essence comprises the

words composed, and sung according to the traditional ragas by a singer, who is trained in the tradition peculiar to the style of the Kirtan (such as

Manohar Shahi whose typical elements are as have been stated in paragraph 13 most concisely, read with paragraphs 11 and 12 of this judgement)

and who imparts an individuality to the song and his performance by adding ornamentation and a peculiar sweetness which is handed down from one

guru to another. The instrument is for incidental music and to maintain the tal, and an instrumentalist who is not also a trained vocalist and an exponent

of the song itself, with all its essence as above, cannot be qualified to teach or Instruct in “Manohar Shahi Lila Kirtanâ€.It is therefore the song

itself, its composition, the ragas in which they are sung, the composition which includes the words and the tune to which they are sung, the way in

which they are sung and the special gloss given to them by the singer, which he has learnt from his guru/preceptor, which comprise the essence of

Manohar Shahi Lilakirtan in Bengal. The qualifications to teach that essence, not surprisingly, are also the essential qualifications for the post of the

“Instructor/Principalâ€. These, therefore, are the essential qualifications which a Principal of such an institute as the one in which the writ

petitioner is interested, must have. These qualifications for objective evaluation require proof of training and the fact that the exponent has actually

performed by singing or composing in that genre. Therefore, knowing how to play the mridanga or the kartal cannot be an essential qualification for

that tradition. Since the qualifications of the respondent no. 12 on their face are those of an instrumentalist, it is clear that he does not make the cut, so

far as the essential qualifications are concerned. The last two questions in paragraph 8 are therefore, answered accordingly.

Now we come to the thorny constitutional question of whether or not the right to such employment can be hereditary â€" that is to say, any one

can claim employment only on the basis of his descent. We have to remember that this is a case of an employment under the State.

Very relevant is Article 16 of the Constitution of India, which reads as follows: -

Article 16 - Equality of opportunity in matters of public -- “(1) There shall be equality of opportunity for all citizens in matters relating to

employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent,place of birth, residence or any of them, be ineligible for, or discriminated

against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any lawprescribing, in regard to a class or classes of employment or appointment to an

office1[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or

Union territory] prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making anyprovision for the reservation of appointments or posts in favour of any backward

class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

2[(4A) Nothing in this article shall prevent the State from making any provision for reservation3[in matters of promotion, with consequential seniority,

to any class] or classes of posts in the services under the State in favour of Scheduled Castes and the Scheduled Tribes which in the opinion of State

are not adequately represented in the services under the State.]

4[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that

year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any

succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up

for determining the ceiling of fifty per cent, reservation on total number of vacancies of that year.]

(5) Nothing in this article shall affect the operation of any law whichprovides that the incumbent of an office in connection with the affairs of any

religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a

particular denomination.â€​

On the face of it, Article 16(2) outlaws discrimination against any citizen in the matter of employment under the State on the ground only, among

others, of descent. In other words, if writ petitioner contends that only the sons of Nanda Kishore Das are entitled to be the principal of the said

institute, and no one else can compete, even if he has the same qualifications as I have laid down in paragraph 14, a person must have as essential

qualifications, then he cannot be more wrong. This is because no case has been made out that the office of Principal is an office in connection with

the affairs of any religious or denominational institution â€" it is an institution which trains and researches persons in the folk culture of Bengal with

special reference to Manohar Shahi Kirtan, and since it is not the case of anyone that there is any “law†which provides that the principal of the

concerned institution must be a person practising a particular religion or belonging to a particular denomination.

Therefore, there does not seem to be any justification for the writ petitioner to claim that merely because he is a grandson of the founder of the

institution he ought to be appointed as the Instructor as he has tried to allege in the writ petition. It is after all, public employment and employment

under the State. It ought not to be hereditary unless it is an office in connection with any religious institution or denomination where a law exists that a

person practising such religion or belonging to such institution alone can hold or be appointed to such office. This is notwithstanding the fact that

appointment is made on compassionate grounds in cases of public employment where the last incumbent died-inharness â€" since such appointment is

made for welfare purposes by statutory rules or rules having the flavour of law in order to prevent cases of undeserved want when the sole bread-

earner in a family dies leaving his dependents, as defined by such statutory rules in the lurch. This is again notwithstanding the fact that members of

the political executive often establish dynasties â€" but the big difference there is, that they are elected to high public office, whereafter they are

appointed in deference to the will of the people which is sovereign in any democracy.

I am fortified in my view by the decision of a strong Bench of the Hon'ble Supreme Court being Gazula Dasaratha Rama Raoâ€"vâ€"The State of

Andhra Pradesh and Others, reported in AIR 1961 SC 564 which I respectfully follow about what comprises employment under the State and how

descent cannot be a factor on which basis alone can any post be reserved, if the exception made under Article 16(5) of the Constitution of India is

absent.

At the same time, does it mean that the writ petitioner is disqualified because he is the grandson of the original founder? Certainly not â€" Article

16(2) of the Constitution of India does not disqualify any person because of descent and in fact, militates against it. If the writ petitioner can show he

has the essential qualifications and is otherwise eligible, he too ought to stand no less in the estimation of the authorities than the respondent no. 12, or

any other candidate who is duly called in a selection process for the post of the principal of the institute. In fact, from my foregoing discussions it is

clear that it is the respondent no. 12 who may not have the essential qualifications to be such a principal. In fact, a case may be made out, that having

been taught in the same tradition by his guru, and Nanda Kishore Das and knowing the special secrets of the Tuka and Akhara at the feet of his

grandfather, the writ petitioner may be better qualified than an outsider. Besides, the writ petitioner has established by documents that he has passed

the Sangeet Pariksha and has got the Sangeet Ratna Award (B. Mus.)

Now I come to how the respondent no. 3 has dealt with the grievances of the writ petitioner in the report referred to in paragraph 4 of this

judgement, which was submitted under the cover of a letter dated June 14, 2018. At paragraph 11 of the said report, the respondent no. 3 has stated

as follows: -

“There is no question of hereditary in the Kirtan Chatustpathi, as the same is receiving Government Grant. The petitioner Dilip Das was not

associated with the Radha Kirtan Chatuspathi. On the death of Hare Krishna Das, the post of Kirtan Instructor is vacant. The petitioner Dilip Das

was not associated with the Radha Krisha (sic!) Kirtan Chatuspathi and the question of hereditary appointment will not be raised. The appointment

shall be decided by the Managing Committee in due course and the Managing Committee will take necessary arrangement accordingly. The managing

committee shall decide standard procedure for recruitment.â€​

It appears that the respondent authorities are of the opinion that while hereditary appointment is not permissible since the institution gets

government grant, they also feel that to be appointed as Instructor/Principal all that is required is to be associated with the said institution, even as an

instrumentalist, and the appointment is wholly in the discretion and patronage of the managing committee, without any other qualification being

required. Admittedly the representation of the writ petitioner has not been considered and disposed of, and even today, the report of the respondents

does not disclose its fate. The writ petitioner is certainly entitled to know the fate of his representation. Yet, if the mindset of the respondents is thus,

then what decision can he expect, except a rejection? If it is to be rejection, then do the disclosed records and reasons show that the authorities,

without gentle nudging by this court, can be relied upon to consider all the material facts and factors for taking a decision as to who can be appointed

the principal of an institution which imparts training in a particular type of folk song/folk culture such as Kirtan? What are the relevant factors for

choosing such an instructor? Do the respondents even know them? From the report it is clear that the said relevant factors are not only farthest from

their minds, but like Vorgon bureaucrats of Douglas Adams fame, they could not be less interested in what those factors are. This is what happens

when folk culture - or for that matter, even Scientific Education â€" is administered by Administrative Officers who are not learned in the discipline

themselves. I am reminded of a scene from the BBC Series, (written by Jonathan Lynn and Anthony Jay) “Yes Minister†where the career civil

servant comprising the permanent civil service, was asked in a scientific context by the Minister, “Sir Humphrey, what does the word ‘inert’

mean?â€​, Sir Humphrey Appleby, who was a classicist at Oxford, looked perplexed until he came up with “Oh, not ert, Ministerâ€​.

Therefore, I am afraid I cannot feel satisfied by merely directing the respondent authorities to consider and dispose of the representation made by

the writ petitioner on January 15, 2018. The respondents No.1 (service through the Secretary, Dept. of Higher Education (Science & Technology and

bio-technology) and 3 are commanded to consider and dispose of the representation dated January 15, 2018 made by the writ petition being Annexure

“P5†and take a reasoned decision in accordance with law after giving the writ petitioner and the respondent no. 12 and all other persons

concerned, including the members of the managing committee of the concerned institute a reasonable opportunity of being heard, in the light of the

observations made in my above judgement, particularly in paragraph 14 of this judgement, read with paragraphs 8, 11, 12 and 13 of this judgement,

holding clearly what the essential qualifications for the post of a principal of the said institute ought to be, without disqualifying the writ petitioner on the

ground of his descent or because he did not hold any employment in the institute. I make it clear that while taking the decision the respondents shall

not be entitled to hold that the respondent no. 12 is qualified only because he is employed in the institute as an instrumentalist, which is not an essential

qualification for the post of the principal of the said institute or an essential qualification for knowing Manohar Shahi Lila Kirtan. The decision of the

respondents aforesaid may also take the form of deciding to direct the managing committee to hold an open interview pursuant to due advertisement

where the above essential qualifications indicated by me, may be specified as essential qualifications. In such case, the writ petitioner shall be entitled

to participate and the respondent no. 12, if he can show that he has such essential qualifications, may also participate alongwith other persons eligible

on those touch-stones. The entire exercise of considering and disposing of the representation dated January 15, 2018 must be completed within 14

days from communication of this order to the respondents No.1 and 3 and communication thereof must be made to the writ petitioner and the persons

concerned within 72 hours from taking such decision. If a process of selection through open interview pursuant to due advertisement is adopted, then

the process must be completed expeditiously, but no later than 4 months from the date of communication of the decision.

The writ petition is disposed of accordingly. There shall be no order as to costs.

Urgent photostate certified copy, if applied for, be given to the learned advocates for the parties on usual undertakings.