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Judgment
L. Mohapatra, J.—The prayer in both the Writ Petitions being effectively same, they were taken together for hearing and are disposed of in this common Judgment.
Petitioner No. 1 in W.P.(C) No. 13888 of 2008 is a registered Society consisting of members who are film makers, television programmers and producers of documentary and other short films. The Petitioner in W.P.(C) No. 14832 of 2008 is an artist who has supported the case of the Petitioners in W.P(C) No. 13888 of 2008.
The case of the Petitioners is that the Government of Orissa in the Information and Public Relations Department vide resolution dated 30.4.1993 constituted a Film Production Advisory Committee. The said Committee was authorized to scrutinize applications for private film makers for being included in the panel and to advise with regard to approval of script as and when required. The Information and Public Relations Department of the Government of Orissa was nominated as the Nodal Agency for production of Documentary/Video films and no other Department and Undertaking of the Government of Orissa was authorized to produce documentary films/video films in respect of their respective organizations directly. While production and exhibition of such Documentary films, Video films etc. were being done in terms of the said resolution dated 30.4.1993, a notice was issued in Annexure-5 inviting applications for production of T.V. Magazines on certain terms and conditions and such applications were to be received by the Chief Executive of Orissa Remote Sensing Application Centre (Developmental News Account). Challenging the said notice issued by the Chief Executive of ORSAC, these writ applications have been filed. Shri Bisweswar Mishra, the Learned Senior Counsel appearing on behalf of the Petitioners drew attention of the Court to resolution dated 30.4.1993 issued by the information and Public Relations Department of Government of Orissa and submitted that the Information and Public Relations Department having been nominated as the Nodal Agency, ORSAC cannot act as the Nodal Agency and receive applications in terms of notice in Annexure-5 and accordingly alt. the proposals ?or production of Documentary or Video films have to be processed in terms or the resolution dated 30.4.1993.
A counter affidavit has been filed by the Department of Science and Technology, Government of Orissa Opposite Party No. 1. It is stated in the counter affidavit that GRAMSAT Pilot Project, Orissa was inaugurated on 24.5.2000. The said Pilot Project is a communication network system providing interactive facilities to connect people from administration and policy making bodies to the downstream local administrative units, users and common people. It has reached 30 district headquarters, 314 Block headquarters, 1179 Gram Panchayat he adquarters in districts. In order to achieve the objectives, the GRAMSAT network is being used to operate software programmes, namely, Interactive Trairang Programme (I.T.P.) and Developmental Broadcasting during evening hours. To oversee the proper implementation and effective utilization of GRAMSAT Pilot Project in the State of Orissa, a State level Project Monitoring and lmplementation Committee has been constituted by the Government. Further in view of the multidisciplinary nature of the activities associated with the GRAMSAT Pilot Project, the ORSAC was declared as the State Nodal Agency for implementation of the GRAMSAT. Pilot Project at the field level and subsequent operation and maintenance of the entire system through Science and Technology Department under a resolution dated 28th September, 2001 which was partially modified later on 16th August. 2002 wherein the Development commissioner, Orissa was declared as the Vice-Chairman of the Project Monitoring and implementation Committee. The number of members of the State level Project Monitoring and Implementation Committee was raised from 18 to 21 Inducting the Secretary to Government, Science and Technology Department and other senior officers.
It is further stated In the counter affidavit that for empanelment of producers for production of T.V. Magazines relating to social sector issues and success stories of various Department of the State Government for transmission through GRAMSAT network and other channels, the Committee on identification or Producers adopted in principle some terms and conditions as that of MoRD with certain modifications for affording opportunity to the regional producers by wide publication of notice. An advertisement inviting application for empanelment of T.V. magazine producers was published in two widely circulated local newspapers in English language as well as local language apart from opening a website for downloading the documents by the intending parties. It is also stated in the counter affidavit that when the resolution dated 30.4.1993 was passed, the GRAMSAT Pilot Project has not been conceived of and for executing the objectives of the project, the Government of Orissa in their Science and Technology Department issued resolutions dated 28.9.2001 and 16.8.2002. The object and purpose of these two resolutions are altogether different and have nothing to do with the resolution dated 30.4.1993. Referring to the above contention raised in the counter affidavit, the Learned Counsel for the State submitted that the Science and Technology Department resolutions dated 20.9.2001 and 16.8.2002 do not take away the effect of the resolution dated 30.4.1993 issued by the Information and Public Relations Department and both the resolutions are distinct and separate.
A counter affidavit has been filed by the Information and Public Relations Department, it is specifically admitted in the counter of the said Department that the work undertaken by I & P.R. Department and under the 1993 resolution has no connection with GRAMSAT Programme arid the Programme produced by the Science and Technology Department is funded by ISRO and Union of India through Ministry of Rural Development. It is also stated that Documentary films and Video films produced by the I. & P. R. Department are being exhibited in the Cinema halls as well as through their publicity Units. The Documentary films produced by I & P.R. Department is limited to the developmental activities of the State Government and its publicity is made within the State whereas through GRAMSAT Programme, the developmental activities of the State Government as well as the Central Government are being exhibited through its own satellite channel. It is also stated in the counter affidavit of the I. & P. R. Department that the State Government has no authority to telecast any Programme, on Doordarsan whereas ORSAC having its own channel has the authority to telecast different programmes.
On consideration of the submission made by the Learned Counsel for the parties and on perusal of the averments made in the Writ Petitions and counter affidavits filed by both the concerned Departments, namely, Opposite Party Nos. 2 and 3, we find that the Information and Public Relations Department of Government of Orissa had passed a resolution on 30.4.1993 reconstituting the Film Production Advisory Committee to finalise the approved panel of film makers for production of documentary films on behalf of the State Government The function of the Committee was to scrutinize the applications of private film makers for inclusion in the panel and to advise with regard to approval of scripts as and when required. The I. & P.R. Department was nominated as the Nodal Agency for production of Documentary films, Video films under the said resolution. No Department of Government, Head of Department and State Government Undertaking was authorized to produce Documentary films/Video films directly.
After the GRAMSAT Pilot Project was brought to the State of Orissa on 24.5.2000, the State Government constituted a State Level Project Monitoring and Implementation Committee (PMIC). Considering the multidisciplinary nature of activities associated with the said Project, ORSAC was declared as the State Nodal Agency for implementation of the said Project at the field level and also for subsequent operation and maintenance of the entire system.
GRAMSAT is a Satellite based communication "network and has been installed in Orissa as joint venture project of Department of Space, Government of India, Ministry of Rural Development, Government of India and Government of Orissa. Since the date of inauguration of the Project in Orissa, ISRO is providing a free bandwidth only for the GRAMSAT network. The network is being used to run software Programmes such as Interactive Training Programme and Development Broadcasting in order to reach the grass root level. The resolution of the Science and Technology Department dated 28.9.2001 shows that ORSAC was nominated as the State Nodal Agency for implementation of the Pilot Project at the field level and subsequent operation and maintenance of the entire system. This Nodal Agency has issued the impugned notice in Annexure-5 to W.P.(C) No. 13888 of 2008 inviting application for empanelment of reputed individual production houses/producers having experience and proven track record in production or software relating to Social Sector issues to produce developmental news magazine for T.V. channel and this notice inviting applications has been issued by the Chief Executive of the Nodal Agency, i.e., ORSAC. As is evident from the averments made in the counter affidavits of Opposite Party No. 2 and 3, the nature of work undertaken under the GRAMSAT Pilot Project is different than that of the work used to be undertaken under the 1993 resolution and therefore, in our considered view, appointing ORSAC as the Nodal Agency for implementation of the GRAMSAT Pilot Project has no connection with and also does not affect the 1993 resolution. The nature of work undertaken under the GRAMSAT Pilot Project being completely different, it does not offend the 1993 resolution in any manner. Even Opposite Party No. 3-1. & P.R. Department which had issued the resolution dated 30.4.1993 does not support the stand of the Petitioners and it has specifically stated in the counter affidavit that the activities undertaken by the I. & P.R. Department in the resolution dated 30.4.1993 has no connection with the GRAMSAT Programme.
In view of the above discussion, we find no merit in both the Writ Petitions and accordingly dismiss the same.
C.R. Dash, J.
I agree.