Supreme Court Dismisses Special Leave Petition Challenging Doordarshan's Selection Process for T.V. Serial. The court found that the selection process was fair and objective, dismissing claims of discrimination.

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Case Note & Summary

The dispute arose from the selection process for a T.V. serial based on the life of Urdu poet Mirza Ghalib, initiated by Doordarshan. The petitioner, Fasih Chaudhary, submitted his project by the deadline of May 7, 1986, while the respondent, Gulzar, had submitted only a theme proposal earlier in February 1986. The petitioner alleged discrimination in the selection process, claiming that his project was unjustly overlooked in favor of Gulzar's. The High Court dismissed the writ petition, finding no merit in the allegations of discrimination. The petitioner then sought special leave to appeal to the Supreme Court. The Supreme Court upheld the High Court's decision, stating that the selection process was fair and objective, and that the petitioner’s proposal was deemed not attractive or interesting enough. The court noted that all proposals were considered by a committee and that the decision-making process was free from malice or favoritism. The court ultimately dismissed the special leave petition, affirming the High Court's ruling and the legitimacy of Doordarshan's selection process.

Headnote

A) Administrative Law - Fair Play in Action - Requirement of Fairness in Administrative Decisions - Articles 226, 136 of the Constitution - The court emphasized that administrative bodies must act fairly and without malice, ensuring that their decisions do not reflect favoritism. The court found that the selection process for the T.V. serial was conducted fairly and reasonably, dismissing claims of discrimination against the petitioner (Paras 285-287).

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Issue of Consideration

Whether the selection process by Doordarshan for the T.V. serial was discriminatory and arbitrary.

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Final Decision

The Supreme Court dismissed the special leave petition, affirming the High Court's decision that the selection process was fair and without discrimination.

Law Points

  • Discrimination in selection process
  • Fair play in administrative action
  • Objectivity in decision-making
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Case Details

1988 LawText (SC) (09) 23

Special Leave Petition (Civil) No. 9814 of 1988

1988-09-28

Sabyasachi Mukharji, M.H. Kania, S. Rangnathan

1989 AIR 157, 1988 SCR Supl. (3) 282, 1989 SCC (1) 89, JT 1988 (4) 50, 1988 SCALE (2) 1079

Govinda Mukhoty, R.N. Keswani, Irfan Ahmed, M. Safid, Kuldip Singh, Mrs. Sushma Suri, Ms. Indu Goswami, Pinaki Mishra, Ms. Bina Gupta

Fasih Chaudhary

Director General, Doordarshan & Ors.

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Nature of Litigation

Challenge to the selection process for a T.V. serial by Doordarshan.

Remedy Sought

Petitioner sought direction to accept his script and award him the contract.

Filing Reason

Allegation of discrimination in the selection process.

Previous Decisions

High Court dismissed the writ petition, finding no merit in the allegations.

Issues

Was the selection process by Doordarshan discriminatory? Did the petitioner receive fair consideration?

Submissions/Arguments

Petitioner argued that his project was unfairly rejected in favor of Gulzar's. Respondents contended that all proposals were considered fairly and objectively.

Ratio Decidendi

The court held that administrative bodies must act fairly and without malice, and that the selection process was conducted objectively and reasonably.

Judgment Excerpts

The proposals might not have been considered strictly in accordance with the order of precedence yet they were considered fairly or reasonably. There was objectivity in the actual consideration of the different proposals and that there was fairness in the decision.

Procedural History

The petitioner filed a writ petition in the High Court, which was dismissed on 13th July 1988. The petitioner then filed a special leave petition to the Supreme Court.

Acts & Sections

  • Constitution of India: Articles 226, 136
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