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Judgment
E. Padmanabhan, J.—The petitioner has prayed for the issue of a writ of mandamus directing the respondent to permit him to appear before
the Music Audition Board (second chance) directly for getting himself upgraded from B Grade in Mirudhangam, an accompanying instrument
without insisting him to appear again before the Local Audition Committee.
Heard Mr. M.V. Venkataseshan, learned counsel appearing for the writ petitioner and Ms. S. Rajalakshmi, for Mr. M.T. Arunan, Additional
Central Government Standing counsel appearing for the respondents.
The writ petitioner, a Mirudhangam Artist with rich experience applied for Audition before the second respondent for selection as a Casual
Artist in All India Radio. As the local Committee satisfied with the performance by communication dated 28.12.1992 informed the petitioner that
he has been recommended for audition by the Music Audition Board. The petitioner was called upon to appear before the Music Audition Board.
The petitioner claims that he has performed well on 12.1.1993 before the said Board. As the performance was satisfactory, the petitioner was
placed in B-Category for a period of five years. The petitioner has also been advised to upgrade himself through re-audition within a period of five
years. The petitioner was given three contracts every year for playing Mirudhangam. The petitioner who has to upgrade himself within a period of
five years applied for upgradation during March, 1997 and he was called upon to appear for recording on 16.5.1997. The second respondent by
a communication dated 7.1.1998 intimated that his performance being not satisfactory, upgradation applied for has been rejected and he was
asked to improve himself to appear. As the period of five years lapsed the petitioner was not given engagement. On 27.12.1998 the petitioner
approached the second respondent for re-audition (second chance) for getting upgradation from B Grade. The petitioner came to know that his
name has been removed from the categories and that he is not eligible to appear for re audition. The petitioner has made representation on 5.1.199
requesting the respondent to permit him to appear ;for reaudition (second chance). However, by the impugned communication it was informed that
as the petitioner has failed to upgrade himself as per the rules his name has been weeded out from the list of casual music artists on the expiry of the
5 yea5rs period and that he should apply before the Local Audition committee once again by remitting the prescribed fee. At this stage the
petitioner has come before this court seeking for the relief of mandamus as the refusal to permit the petitioner for re audition before the Music
Audition Board (Second chance) is illegal, arbitrary and it is without any reason or rhyme. Hence the petitioner has prayed for issue of a writ of
mandamus.
Per contra, it is contended on behalf of the respondents that a candidate who is successful in the audition held by the Music Audition Board will
be placed in B Grade and such placement will be valid only for five years. The petitioner was informed that he has to upgrade himself within a
period of five years from the date of listening by the Music Audition Board. The petitioner applied for upgradation during March 1997, but he was
not successful in the audition for upgradation which was informed to the petitioner by letter dated 7.1.1998. The rule being that for reaudition the
candidate is eligible to apply only after a period of one year from the date of previous recording. However in the case of the petitioner by that time
the period of one year ended, the five year period of stay in B grade ended and he became ineligible for direct screening by the Music Audition
Board. The petitioner was intimated of the said fact even on the date when he was inducted in the Grade B. The petitioner has miserably failed to
prepare himself suitably to get himself upgraded before the expiry of five years. It is also contended that artists who are weeded out after the expiry
of five years may still apply for re audition after the specified period of one year and in terms of the existing rules. Such candidate should appear
before the local audition committee and those who are successful in their appearance before the local audition committee will be allowed to appear
for audition by the Musical Audition Board. The said rule applies invariably to all B grade artists who are weeded out after the completion of five
years period.
It is further contended by the respondents that the Rules have been framed by the Director General of All India Radio and it is binding. The
decision is not arbitrary and it is not liable to be interfered. If the relief sought for is to be granted it would result in total dislocation of the existing
arrangement being followed in respect of casual artists who have been weeded out after the completion of B Grade. The respondents prayed for
dismissal of the writ petition.
The only point that arise for consideration is:
Whether the petitioner is entitled for the issue of a writ of mandamus directing the respondent to permit him to appear for Music Audition Board
directly without being required to appear before the Local Audition Committee?
By communication dated 6th April 1993, the petitioner was informed that he is successful and placed in B Category for a period of five years
and that he will be offered bookings for programmes subject to the following two conditions:-
(i) the petitioner has to maintain the required standard of performance and
(ii) the petitioner has to improve the quality of his performance and get himself upgraded through reaudition within a period of five years.
If the petitioner is successful in obtaining a grading higher than the B Grade, he will continue to be retained on the rolls of the station even after
five years If he fails to get himself upgraded within the said period his name would be removed from the list of approved artists at the end of five
years and that he has to appear for a fresh audition and acquire a Grade higher than B.
Concedingly, the petitioner appeared for audition for upgradation from B Grade. His performance was not satisfactory or up to the level and not
being suitable for upgradation from B Grade he was advised to apply for reaudition after a period of one year from the previous audition by the
Music Audition Board. To the representation submitted by the petitioner the respondents have sent a reply stating that he has been weeded out
from the list of casual music artists on the expiry of five years period and that the petitioner has to apply for local audition committee once again by
remitting a fee. The petitioner followed it with a legal notice and the respondent has sent a reply. Thereafter the present writ petition has been filed.
A copy of the Scheme issued by the Director General of All India Radio dated 20th May, 1999 was placed before the Court by the learned
counsel for the respondents. As seen from the Scheme weeding out process would apply to B Grade artists. A person who is placed in B Grade
on his completing 5 years in B Grade, has to apply for audition and till such time the audition is completed and results are declared they will get
their normal bookings.
According to Para 3, those who fail to upgrade higher than B Grade should be weeded out if the artist completes five years in B Grade and if
such artist fails to reach the Higher Grade in the audition. After completion of five years in B Grade they should also straight away be weeded out.
Para 7 directs that B Grade artists who have completed 5 years in the same Grade without improving their quality have to appear for reaudition as
in he case of other artists and in case they do not secure a grading higher than B in the reaudition they will not be given solo engagement in the
category in which they have appeared for reaudition until they improve their grading. Para 7 reads thus:-
The existing staff artists, in B grade if any, who have completed five years in the same grade without improving their quality should also be
asked to appear for reaudition, as in the case of other artists. In case, they do not secure a grading higher than B in the reaudition they will not be
given solo engagements in the category in which they have appeared for reaudition, until they improve their grading. However, they will continue to
provide accompaniment and perform other normal duties and will not be weeded out.
On a consideration of the Scheme or circular issued by the Director General of All India Radio, no where it is provided or prescribed that a B
Grade Artists who failed to improve himself or advance in the reaudition at the end of five years to higher grade will have to appear before the
Local Audition Committee once over and only after selection by Local Audition Committee, he could appear before the Music Audition Board. In
the absence of any such rule, the contention of the respondents cannot be sustained. The Scheme is silent in this respect and it is not as if the
Scheme mandates or prescribes that a person who has failed to improve himself from Grade B though he is weeded out he has to start once again
from the foundation level appear before the Local Audition Committee and thereafter alone he could appear before the Music Audition Board.
When once, the petitioner has been placed in B Grade and even if he is weeded out he could appear once again before the Music Audition Board
by way of second chance and it is not necessary at all to appear for Local Audition Committee once over or start from the beginning.
The contention advanced by the respondents cannot be sustained at all and the Scheme framed by the Director General of All India Radio do
not support such a stand. There is no reason or rhyme to sustain such a stand taken by the respondents. When the Scheme do not contemplate
such a total exclusion or the petitioner has to be treated as a beginner or a new entrant, the respondents are not justified in contending that the
petitioner has to appear once again before the Local Audition Committee and cross the same.
In the circumstances a mandamus is issued as prayed for directing the respondent to permit the petitioner to appear for Music Audition Board
directly for upgrading himself from B Grade in Mirudhangam instrument by way of second chance without insisting his appearance before the Local
Audition Committee.
Writ Petition is allowed. The respondents are directed to permit the petitioner to appear before the Music Audition Board without delay in the
next Schedule or within six months, whichever is earlier, from the date of communication of this order.
The parties shall bear their respective costs.