Bombay High Court Dismisses Petition Challenging Doordarshan Sponsorship Scheme Clauses — Clauses 9 and 10 of Doordarshan's New Sponsorship Scheme Held Valid and Not Arbitrary.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The petitioner, K. Premsinh Varma, a wildlife film producer, filed a writ petition challenging Clauses 9 and 10 of Doordarshan's New Sponsorship Scheme. He had submitted a proposal for a wildlife series titled 'Wild Ones' in 1990, which was rejected without reasons. After a direction from the Delhi High Court, he was asked to produce a pilot episode at his own cost within three months. He sought an extension due to the nature of wildlife filming, and after no response, he submitted the pilot episode in February 1998. The Prasar Bharati acknowledged receipt but took no further action. The petitioner then challenged Clauses 9 and 10 of the Sponsorship Scheme, arguing they were arbitrary and violated Article 14. The court examined the scheme and found that the clauses were part of a reasonable classification to regulate sponsored content. The court held that the petitioner's grievance about the rejection of his proposal was not directly related to these clauses. The petition was dismissed as the clauses were not arbitrary and the scheme was valid.

Headnote

A) Constitutional Law - Article 14 - Reasonable Classification - Clauses 9 and 10 of Doordarshan's New Sponsorship Scheme - The petitioner challenged these clauses as arbitrary. The court held that the classification between sponsored programmes and other programmes is reasonable and based on intelligible differentia. The clauses are not arbitrary and do not violate Article 14. (Paras 1-10)

B) Broadcasting Law - Doordarshan Sponsorship Scheme - Clauses 9 and 10 - Validity - The court examined the scheme and found that Clauses 9 and 10 are part of a valid policy to regulate sponsored content on public broadcaster. The petitioner's grievance regarding rejection of his proposal was not linked to these clauses. (Paras 1-10)

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Issue of Consideration

Whether Clauses 9 and 10 of Doordarshan's New Sponsorship Scheme are arbitrary and violative of Article 14 of the Constitution of India.

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Final Decision

The petition is dismissed. Clauses 9 and 10 of Doordarshan's New Sponsorship Scheme are held to be valid and not arbitrary.

Law Points

  • Doordarshan Sponsorship Scheme
  • Clauses 9 and 10
  • Arbitrariness
  • Reasonable Classification
  • Public Broadcasting
  • Prasar Bharati Act
  • 1990
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Case Details

2005 LawText (BOM) (04) 198

Writ Petition No. 2854 of 2003

2005-04-12

H.L. Gokhale, S.C. Dharmadhikari

Petitioner in person, Mr. S.M. Shah with Mr. D.A. Dubey for the Respondents

K. Premsinh Varma

Union of India, Doordarshan, Prasar Bharati

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Nature of Litigation

Writ petition challenging clauses of Doordarshan's Sponsorship Scheme.

Remedy Sought

Petitioner sought quashing of Clauses 9 and 10 of Doordarshan's New Sponsorship Scheme.

Filing Reason

Petitioner's proposal for a wildlife series was rejected and he alleged that Clauses 9 and 10 of the Sponsorship Scheme were arbitrary.

Previous Decisions

Delhi High Court had directed Doordarshan to consider the petitioner's proposal, leading to a request for a pilot episode.

Issues

Whether Clauses 9 and 10 of Doordarshan's New Sponsorship Scheme are arbitrary and violative of Article 14 of the Constitution of India.

Submissions/Arguments

Petitioner argued that Clauses 9 and 10 are arbitrary and unreasonable. Respondents argued that the clauses are part of a valid policy and not arbitrary.

Ratio Decidendi

The classification between sponsored programmes and other programmes under Clauses 9 and 10 of Doordarshan's Sponsorship Scheme is reasonable and based on intelligible differentia, thus not violative of Article 14.

Judgment Excerpts

The Petitioner is a producer of films and has specialised in wildlife filming in its natural habitat. This petition filed by him seeks to challenge clauses 9 and 10 in 'Some Salient Features' of Doordarshan's New Sponsorship Scheme.

Procedural History

Petitioner filed Writ Petition No. 2854 of 2003 in Bombay High Court challenging Clauses 9 and 10 of Doordarshan's New Sponsorship Scheme. The petition was heard and dismissed on 12th April 2005.

Acts & Sections

  • Constitution of India: Article 14
  • Prasar Bharati Act, 1990:
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High Court Bombay High Court Dismisses Petition Challenging Doordarshan Sponsorship Scheme Clauses — Clauses 9 and 10 of Doordarshan's New Sponsorship Scheme Held Valid and Not Arbitrary.
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