Case Note & Summary
The case involved a dispute regarding the engagement of a respondent in Carnatic vocal music by All India Radio. The respondent, a 77-year-old artist, claimed exemption from audition based on an experience certificate issued by the Director General of All India Radio in 1971. The High Court agreed with the respondent's claim, stating that subjecting him to an audition was illegal and arbitrary, and directed All India Radio to engage him as an 'A' grade artist without an audition. This decision was upheld by a Division Bench with minor modifications. The Supreme Court, upon hearing the matter, noted that the respondent was now 87 years old and found no reason to interfere with the High Court's directions, except to modify the engagement terms to allow for flexibility in the engagement process while ensuring he received 'A' grade remuneration. The appeal was disposed of with these modified directions.
Headnote
A) Administrative Law - Exemption from Audition - Legality of Exemption - All India Radio Act, 1936 - The High Court found that subjecting the petitioner to an audition test was illegal and arbitrary based on his age and experience, directing engagement without audition. Held that the directions were largely appropriate but required modification regarding the engagement terms (Paras 3-5).
Issue of Consideration
Whether the directions issued by the High Court for engaging the respondent without an audition were appropriate.
Final Decision
The Supreme Court modified the High Court's directions, allowing the appellants to engage the respondent as an artist of Carnatic classical vocal music and to pay him remuneration as an 'A' Grade artist without insisting on an audition test.
Law Points
- Exemption from audition
- Age consideration
- Engagement of artists
