Madras High Court
L.Jayanthi vs The Secretary To Government on 24 September, 2018
Bench: S.Manikumar, Subramonium Prasad
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.09.2018 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD WP.No.23231 of 2018 L.Jayanthi ... Petitioner vs. The Secretary to Government, Tamil Development and Information (Advertisement) Department, Secretariat, Chennai 600 009. ... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondent to reduce the rate, ie., Rs.13.49 per Sq.Cm., of the above two dailies, ie., Makkal Kural (Tamil) and Trinity Mirror (English), as adopted by the Directorate of Advertising and Visual Publicity, Ministry of Information and Broad Casting, Government of India. For Petitioner : Mr.S.Stalin Muthu For Respondent : Mr.E.Manoharan, Addl. Govt. Pleader ORDER
(Order of the Court was made by S.MANIKUMAR, J) Public Interest Writ Petition has been filed for a Mandamus, directing the respondent to reduce the rate of advertisement in Tamil Nadu at Rs.13.49 per Sq.Cm., for two dailies, ie., Makkal Kural (Tamil) and Trinity Mirror (English), as adopted by the Directorate of Advertising and Visual Publicity, Ministry of Information and Broad Casting, Government of India, New Delhi.
2. Case of the petitioner is that the Directorate of Advertising the Visual Publicity, Ministry of Information and Broadcasting, Government of India, New Delhi 110 003, has entered into an Advertising Rate Contract Agreement, at Rs.13.49 per Sq.Cm., with "Makkal Kural (Tamil Daily) and Trinity Mirror (English Daily)", bearing Door No.1, First Main Road, United India Colony, Chennai-24, for a period from 01.01.2016 to 31.12.2018. But, the Secretary to the Government, Tamil Nadu Development and Information (Advertisement) Department, Chennai, respondent herein, vide G.O.Ms.No.116, Tamil Development and Information (Advt.) Department, dated 18.11.2015, has fixed the rate at Rs.675/- per Sq.Cm., for the publication of advertisement in the abovesaid papers, which is exorbitant and unreasonable.
3. Therefore, the petitioner has filed a petition, under the Right to Information Act, 2005, requesting the Public Information Officer, Tamil Development and Information (Advertisement) Department, Chennai, to furnish the details, relating to the publication of advertisement in dailies, rate adopted per sq.cm., cost of publication paid to the dailies, etc., for the period from 01.01.2016 to 31.12.2017. In response to the same, the Joint Director (Public Relation), has simply informed that the required information cannot be furnished, as per Section 2(f) of the Right to Information Act, 2005, against which, an appeal has been filed before the State Information Commissioner, Chennai 600 018 and the same is pending.
4. While the matter stood thus, the respondent has given power jacket two pages, colour advertisements on 21.03.2018, under the caption of "One year achievements of Government of Tamil Nadu" and a power jacket one page colour advertisements on 24.02.2018, under the caption of "Inauguration of "AMMA Two Wheeler Scheme" at subsidized rate to working women", to the above two dailies, at the rate of Rs.1,350/- per Sq.Cm., by which, the Advertisement Charges work out to Rs.1,20,28,500/-, as below:
(Rs.1350 x 2 x 2 x 33 width 45 height) Rs. 80,19,000/-
(Rs.1350 x 2 x 1 x 33 x width 45 heights) Rs. 40,09,500/-
Total Rs.1,20,28,500/-
5. It is the further case of the petitioner that the abovesaid two dailies have no wide circulation and therefore, the purpose of giving advertisement, would become futile and funds from the State Exchequer is high. According to the petitioner, even the above two dailies are also not in the list of "Audit Bureau of Circulation (ABC)". According to her, both the dailies are only evening issues and the purpose of giving advertisement, is meaningless and futile, as the message would not reach the public, widely.
6. According to the petitioner, if the respondent gives advertisement, by adopting the rate of Rs.13.49 per Sq.Cm., to the above two dailies, as approved by the Ministry of Information and Broadcasting, Government of India, the expenditure for the two advertisements will be Rs.1,20,285/- (Rs.80,190/- + Rs.40,095/-), by which, a sum of Rs.1,19,08,215/- could be saved and used for any other public welfare schemes.
7. It is also the further case of the petitioner that the Government have given several advertisements, such as, Government tenders of all departments; advertisements of the Boards, such as, Tamil Nadu Electricity Board, Tamil Nadu Pollution Control Board, etc., to several dailies, including the above two dailies, both in English and Tamil, and if the Government adopts the rates, as approved in the Central Government Order, dated 18.11.2015, heavy funds from the State Exchequer, ie., public money, would not be siphoned. In this regard, the petitioner has sent a representation, dated 01.06.2018, to the respondent. Since there is no response, she has filed the present Public Interest Litigation, for the reliefs, as stated supra.
8. Supporting the prayer, on the basis of averments made in the writ petition, Mr.S.Stalin Muthu, learned counsel for the petitioner made submissions.
9. Placing reliance on Commercial Rate Card, in respect of a newspaper, "Dinakaran", Mr.Vijay Narayan, learned Advocate General, appearing for the respondent submitted that rates of advertisement are fixed on basis of market, for the newspaper, as per the Audit Bureau of Circulation. He submitted that in case, the advertisement is in colour, the rate is double.
10. Referring to the decision of the Hon'ble Division Bench in Kal Publications Private Limited vs. State of Tamil Nadu [W.P.No.6374 of 2017, etc. batch, dated 01.06.2017], learned Advocate General submitted that advertisements are given to all the newspapers, without discrimination.
11. Learned Advocate General further drew the attention of this Court to the various Government Orders, issued in the matter of advertisement. He also submitted that Makkal Kural (Tamil) and Trinity Mirror (English) newspapers, against whom, relief is sought for, are necessary and proper parties, but not added as parties to this writ petition.
12. Learned Advocate General further submitted that the Central Government advertisements are not normally published in the regional newspapers with lesser circulation but only in national newspapers, which have wide circulation and therefore, what is fixed by the Directorate of Advertising and Visual Publicity, Ministry of Information and Broad Casting, Government of India, New Delhi, cannot be made applicable to the rates of advertisement in Tamil Nadu. For the abovesaid reasons, he prayed for dismissal of the writ petition.
13. By way of reply, Mr.S.Stalin Muthu, learned counsel for the petitioner submitted that Government Orders issued, do not specify that for colour advertisement, the rate would be double. Heard learned Mr.S.Stalin Muthu, learned counsel for the petitioner and Mr.Vijay Narayan learned Advocate General for the respondent.
14. Prayer made in the writ petition, is as follows:
Writ petition praying for the issuance of a writ of Mandamus, directing the respondent to reduce the rate, ie., Rs.13.49 per Sq.Cm., of the above two dailies, ie., Makkal Kural (Tamil) and Trinity Mirror (English), as adopted by the Directorate of Advertising and Visual Publicity, Ministry of Information and Broad Casting, Government of India.
15. Let us consider, how a rate card is quoted by a newspaper for the purpose of advertisement, for instance, "Dinakaran", which is as follows:
DINAKARAN ADVERTISEMENT RATES EFFECTIVE 01.04.2018 EDITION DISPLAY RATE FOR B&W ADVERTISEMENTS PER SQUARE CENTIMETRE (IN RUPEES) WEEK DAYS SUNDAYS CHENNAI 842 853 COIMBATORE 226 228 MADURAI 228 230 TRICHY 226 228 SALEM 161 163 VELLORE 113 116 TIRUNELVELI 109 111 NAGERCOIL 88 90 PONDICHERRY 148 151 BANGALORE 94 96 MUMBAI 153 155 DELHI 108 110 TAMILNADU & PONDY 2100 2105 ALL EDITIONS 2286 2291 COLOUR : 100% EXTRA FRONT PAGE : 100% EXTRA THIRD PAGE : 25% EXTRA BACK PAGE : 50% EXTRA Height of column : 51 cms Minimum Size acceptable 4 cms(width) x 3 cms(height) Minimum width : 4 cms. Minimum height : 3 cms Maximum width : 33 cms. Maximum height : 51 cms.
Full page advertisement 33 cms(width) x 51 cms (height) (If ad height is more than 46 cms. the ad will be billed for the page height) (If ad width is greater than 29 cms. the ad will be billed at the page width)."
16. Reading of the above shows that the rate for advertisement of the material (Black and White per Sq.Cm.) is given. For colour advertisement, it is double. Rate card depicts the details of circulation of the newspaper, within and outside State of Tamilnadu. Rate of advertisement is quoted by various newspapers and Government have issued periodical orders. Orders issued by the Government, from time to time, are extracted hereunder:
tpsk;guk; ? muR tpsk;gu';fs; btspapLtjw;F m';fPfhpf;fg;gl;;l ehspjH;fSf;F tpsk;guf; fl;lzk; cah;j;jp eph;zak; bra;jy; ? Miz btspaplg;gLfpwJ/ ??????????????????????????????????????????????????????????????????
bra;jp kw;Wk; Rw;Wyh (tpsk;guk;)j;Jiw murhiz (o) vz;/108 ehs;/02/06/2006 1/ murhiz(o)vz;/92. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1?8?1996/ 2/ murhiz(o)vz;/107. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/10?9?1996/ 3/ murhiz(o)vz;/98. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/26?8?1996/ 4/ murhiz(o)vz;/109. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/11?9?1996/ 5/ murhiz(o)vz;/117. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/22?10?1996/ 6/ murhiz(o)vz;/121. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/5?11?1996/ 7/ murhiz(o)vz;/124. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/6?11?1996/ 8/ murhiz(o)vz;/132. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/22?11?1996/ 9/ murhiz(o)vz;/134. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27?11?1996/ 10/ murhiz(o)vz;/28. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/19?3?1997/ 11/ murhiz(o)vz;/34. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/4?4?1997/ 12/ murhiz(o)vz;/47. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/7?5?1997/ 13/ murhiz(o)vz;/83. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/11?7?1997/ 14/ murhiz(o)vz;/84. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/11?7?1997/ 15/ murhiz(o)vz;/90. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/23?7?1997/ 16/ murhiz(o)vz;/103. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/8?8?1997/ 17/ murhiz(o)vz;/106. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/26?8?1997/ 18/ murhiz(o)vz;/107. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1?9?1997/ 19/ murhiz(o)vz;/108. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1?9?1997/ 20/ murhiz(o)vz;/119. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/19?9?1997/ 21/ murhiz(o)vz;/122. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24?9?1997/ 22/ murhiz(o)vz;/129. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/16?10?1997/ 23/ murhiz(o)vz;/131. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/20?10?1997/ 24/ murhiz(o)vz;/139. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14?11?1997/ 25/ murhiz(o)vz;/27. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/10?03?1998/ 26/ murhiz(epiy)vz;/48. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/20?3?1998/ 27/ murhiz(epiy)vz;/45. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/26?3?1998/ 28/ murhiz(o)vz;/51. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/23?4?1998/ 29/ murhiz(o)vz;/72. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/2?6?1998/ 30/ murhiz(epiy)vz;/98. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/2?6?1998/ 31/ murhiz(o)vz;/87. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/13?7?1998/ 32/ murhiz(o)vz;/112. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27?8?1998/ 33/ murhiz(o)vz;/155. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/4?11?1998/ 34/ murhiz(o)vz;/53. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/12?4?1999/ 35/ murhiz(o)vz;/54. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/12?4?1999/ 36/ murhiz(o)vz;/90. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/25?6?1999/ 37/ murhiz(o)vz;/19. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/15?2?2000/ 38/ murhiz(o)vz;/29. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/6?3?2000/ 39/ murhiz(o)vz;/45. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/23?3?2000/ 40/ murhiz(o)vz;/72. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/28?4?2000/ 41/ murhiz(o)vz;/75. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/2?5?2000/ 42/ murhiz(o)vz;/90. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24?5?2000/ 43/ murhiz(o)vz;/91. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24?5?2000/ 44/ murhiz(o)vz;/125. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/6?7?2000/ 45/ murhiz(o)vz;/126. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/6?7?2000/ 46/ murhiz(o)vz;/142. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/20?7?2000/ 47/ murhiz(o)vz;/160. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3?8?2000/ 48/ murhiz(o)vz;/162. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/4?8?2000/ 49/ murhiz(o)vz;/163. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/8?8?2000/ 50/ murhiz(o)vz;/201. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/9?10?2000/ 51/ murhiz(o)vz;/205. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/18?10?2000/ 52/ murhiz(o)vz;/221. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/9?11?2000/ 53/ murhiz(o)vz;/247.248.249. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14?12?2000/ 54/ murhiz(o)vz;/03.04. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/18?1?2001/ 55/ muR Miz (o)vz;/33. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/3/2001/ 56/ muR Miz (o)vz;/109. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/22/6/2001/ 57/ muR Miz (o)vz;/139. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/30/7/2001/ 58/ muR Miz (o)vz;/170. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/10/2001/ 59/ muR Miz (o)vz;/171. 172. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/10/2001/ 60/ muR Miz (o)vz;/177.178 bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/17/10/2002/ 61/ muR Miz (o)vz;/2. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/1/2003/ 62/ muR Miz (o)vz;/14. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/1/2003/ 63/ muR Miz (o)vz;/38. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24/2/2003/ 64/ muR Miz (o)vz;/44. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/10/3/2003/ 65/ muR Miz (o)vz;/62. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/3/2003/ 66/ muR Miz (o)vz;/120. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/29/5/2003/ 67/ muR Miz (o)vz;/202. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/10/2003/ 68/ muR Miz (o)vz;/62. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/1/2003/ 69/ muR Miz (o)vz;/100. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/6/2005/ 70/ muR Miz (epiy)vz;/132. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1/7/2005/ 71/ muR Miz (epiy)vz;/12. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/9/1/2006/ Miz:
muR m';fPfhug; gl;oaypy; cs;s bgUk;ghd;ikahd ehspjH;fSf;F Rkhh; 5 Mz;LfSf;F Kd;g[ ghh;it 55?y; gof;fg;gl;l murhizapd;go. muR tpsk;guf; fl;lzk; eph;zak; bra;J Mizaplg;gl;lJ/ gj;jphpf;iffs; jahhpg;g[ bryt[ mjpfhpg;g[. fhfpjk;. gj;jphpf;if btspapLtjw;fhd K:yg; bghUl;fspd; tpiynaw;wk;. gj;jphpf;ifahsh; kw;Wk; gzpahsh;fspd; Cjpa cah;t[ cs;spl;l fhuz';fspd; mog;gilapy; muR tpsk;guf; fl;lz tpfpj';fis cah;j;jp eph;zak; bra;a ntz;o. gy;ntW ehspjH;fspd; eph;thfpfs; mt;tg;nghJ muRf;F ntz;Lnfhs; tpLj;Js;sdh;/
2) 1996?Mk; Mz;L. ehspjH;fSf;F tpsk;guf; fl;lzk; cah;j;jp tH';f Kot[ vLj;j bghGJ. 21/6/1996 md;W gjpg;gfj;jhh; kw;Wk; ehspjH;fspd; gpujpepjpfSld; khz;g[kpF. bra;jp tpsk;guj; Jiw mikr;rh; mth;fs; tpthjpj;J. m';fPfhpf;fg;gl;l gl;oaypy; ,lk; bgw;Ws;s midj;J ehspjH;fSf;Fk; xnu rPuhf mitfspd; th;j;jff; fl;lzj;jpy; 75% muR tpsk;gu';fSf;fhd tpsk;guf; fl;lzkhf muR Miz (o) vz;/92. bra;jp kw;Wk; Rw;Wyh (tpsk;guk;)j;Jiw. ehs;/1/8/1996?y; eph;zak; bra;ag;gl;lJ/
3) 2/8/1996 Kjy; 14/3/2001 tiu 54 muR Mizfspy;. rpy ehspjH;fs; kw;Wk; gUt ,jH;fSf;F mtw;wpd; th;j;jf tpsk;guf; fl;lzj;jpy; 75% muR tpsk;guf; fl;lzkhf eph;zak; bra;J Mizfs; brspaplg;gl;ld/ rpy epfH;g[fspy;. rpy gjpg;gfj;jhhpd; tpUg;gj;jpw;fpz';f. 70% tpsk;guf; fl;lzk; cah;j;jp tH';fg;gl;lJ/
4) 14/3/2001 ehspl;l bra;jp kw;Wk; Rw;Wyhj; Jiwapd; muR Miz vz;/33?y; m';fPfhpf;fg;gl;l gl;oaypy; mg;bghGJ ,lk; bgw;wpUe;j midj;J ehspjH;fSf;Fk;. muR tpsk;guf; fl;lzj;jpy; rPuhf 20% (Irrespective of their commercial rate, a Uniform increase of 20% of the existing Government rate prevailing at that time) cah;j;jp muR fl;lzkhf eph;zak; bra;ag;gl;lJ/
5) 13/5/2001?ypUe;J 2006 nk khjk; tiu ehspjH;fspd; tpsk;guf; fl;lzj;ij jpUj;jp mikj;j tpguk; gpd;tUkhW:-
(i) vk;g;sha;bkd;l;l; rh;tP!; vd;Dk; thu ,jHpid muR m';fPfhpf;fg;gl;l gl;oaypy; 22/6/2001 Kjy; mjd; th;j;jf tpsk;guf; fl;lzj;jpy; 75% Md U:/18.750-?(cs;gf;fk;) U:/26.250-?(btspgf;fk;) vd muR tpsk;gu';fSf;fhd fl;lzkhf eph;zak; bra;ag;gl;lJ/ (muR Miz vz;/109. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/22/6/2001)
(ii) midj;J ehspjH;fSf;Fk;. tpsk;guf; fl;lz';fs; cah;j;jp tH';fg;gl;l nghJ 'lhf;lh; ekJ vk;/$p/Mh;/' ehspjHpd; tpsk;guf; fl;lzk; 1996 kw;Wk; 2001?y; jpUj;jp mikf;fg;glhjjhy;. 7/3/92?y; mjd; muR tpsk;guf; fl;lzk; U:35-? Mf ,Ue;jij mt;ehspjHpd; th;j;jf tpsk;guf; fl;lzj;jpy; 75% Md U:/90-?I 30/7/2001?y; muR tpsk;gu';fSf;fhd fl;lzkhf eph;zak; bra;ag;gl;lJ/ (muR Miz vz;/139. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/30/7/2001)
(iii) 1996?k; Mz;L midj;J ehspjH;fSf;Fk; tpsk;guf; fl;lzk; cah;j;jp tH';fg;gl;lnghJ. 'kf;fs; Fuy;' ehspjGf;F tpsk;guf; fl;lzk; cah;j;jp tH';fhjjhy;. mjd; tpsk;guf; fl;lzk; 3/10/2001 md;W g[jpa gjpg;g[fSf;F fl;lzk; eph;zak; bra;J jpUj;jp mikf;fg;gl;lJ/ (muR Miz vz;/170. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/10/2001)
(iv) 'jpdg{kp' kw;Wk; 'mjph;c&;lk'; Mfpa ehspjH;fs; Kiwna ghz;or;nrhp. nryk;. jpUbey;ntyp kw;Wk; nfhit gjpg;g[fs; g[jpajhf bjhl';fg;gl;ljhy;. mjd; th;j;jff;; fl;lzj;jpy; 40% ?I muR tpsk;guf; fl;lzkhf 3/10/2001 kw;Wk; 17/10/2002 Mfpa jpd';fspy; jpUj;jp mikf;fg;gl;ld/ (muR Miz vz;/171. 172. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/10/2001) (muR Miz vz;/177. 178 bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/17/10/2002)
(v) 'jpdj;je;jp' ehspjHpd; midj;J gpujpfspd; vz;zpf;ifpaid fUj;jpw; bfhz;Lk;. me;ehspjHpd; nfhhpf;ifapd; mog;gilapy; 14/3/2001?y; muR eph;zapj;j tpsk;guf; fl;lzj;jpypUe;J 60% cah;j;jp 3/1/2003 Kjy; eph;zapf;fg;gl;lJ/ (muR Miz vz;/2. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/1/2003)
(vi) 'khj;Ug{kp' kiyahs ehspjHpd; brd;id gjpg;gpw;F. me;ehspjH; nfl;Lf; bfhz;lgo. mjd; th;j;jf tpsk;guf; fl;lzj;jpy; 70% muR tpsk;guf; fl;lzkhf eph;zapf;fg;gl;lJ/ (muR Miz vz;/38. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24/2/2003)
(vii) 'ildpf; $hf;ud;' kw;Wk; "ildpf; gh!;fh;" vd;Dk; ,e;jp ehspjH;fSf;F mjd; th;j;jf tpsk;guf; fl;lzj;jpy; Kiwna 75% kwWk; 70% vd muR tpsk;guf; fl;lzkhf eph;zapf;fg;gl;lJ/ (muR Miz vz;/44. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/10/3/2003) (muR Miz vz;/62. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/3/2003)
(viii) ilk;!; Mg; ,e;jpah. vf;fdhkpf; ilk;!; kw;Wk; etghuj; ilk;!; Mfpa M';fpy ehspjH;fSf;F eilKiwapy; gpd;gw;wp te;j gj;jp brd;o kPl;lh; vd;w myfpid rJu brd;o kPl;lh; vd khw;wpa[k; 29/5/2003 kw;Wk; 14/10/2003 Kjy; mjd; th;j;jff; fl;lzj;jpy; 60 tpGf;fhL eph;zak; bra;J fl;lzk; jpU;j;jp mikf;fg;gl;lJ/ (muR Miz vz;/120. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/29/5/2003) (muR Miz vz;/202. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/10/2003)
(ix) igdhd;rpay; ilk;!; vd;Dk; M';fpy ehspjHpid muR m';fPfhpf;fg;gl;l gl;oaypy; 27/1/2003 Kjy; nrh;j;J. xU gj;jp brd;o kPl;lUf;F U:gha; 7260-? fl;lzk; vd eph;zak; bra;ag;gl;lJ/ (muR Miz vz;/14. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/1/2003)
(x) jpdg{kp ehspjH;fspd; ntYhh; kw;Wk; Kk;ig Mfpa ,l';fspy; btsptUk; g[jpa gjpg;g[fSf;F mjd; th;j;jff; fl;lzj;jpy; 47 tpGf;fhl;oy;. muR tpsk;guf; fl;lzkhft[k;. Vw;fdnt ,Ue;j gjpg;g[fSf;F muR tpsk;guf; fl;lzj;jpy; 30 tpGf;fhL cah;j;jp 14/6/2005 Kjy; muR tpsk;gu';fSf;fhd fl;lzk; eph;zak; bra;ag;gl;lJ/ (muR Miz vz;/100. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/6/2005)
(xi) ,e;jpad; vf;!;gpu!; FGkj;jpy; cs;s. jpdkzp jkpH; ehspjH; epa{ ,e;jpad; vf;!;gpu!; M';fpy ehspjGf;Fk; muR tpsk;guf; fl;lzj;jpy; 30 tpGf;fhL cah;j;jp (th;j;jff; fl;lzj;jpy; 60 tpGf;fhl;ow;F kpfhky;) 1/7/2005 Kjy; muR tpsk;guf; fl;lzkhf eph;zak; bra;ag;gl;lJ/ igdhd;rpay; vf;!;gpu!; vd;Dk; M';fpy ehspjGf;F midj;J gjpg;gpw;F kw;Wk; nkw;Fg; gjpg;gpw;F muR fl;lzj;jpy; muR fl;lzj;jpy; 20 tpGf;fhL cah;j;jp (th;j;jff; fl;lzj;jpy; 60 tpGf;fhl;ow;F kpfhky;) 1/7/2005 Kjy; muR tpsk;guf; fl;lzkhf eph;zak; bra;ag;gl;lJ/) (muR Miz vz;/132. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1/7/2005)
(xii) jpdj;je;jp kw;Wk; khiykyh; Mfpa ehspjH;fSf;F muR tpsk;guf; fl;lzj;ij ,ul;og;ghf;fp. (th;j;jff; fl;lzj;jpw;F kpfhky;) 09/01/2006 Kjy; muR tpsk;guf; fl;lzkhf eph;zak; bra;ag;gl;lJ/ (muR Miz vz;/12. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/9/1/2006)
6) murpd; ftdkhd ghprPyidf;Fg; gpd;dh; 14/3/2001 Kjy; 9/1/2006 tiu tpsk;guf; fl;lzk; cah;j;jg;gl;l ehspjH;fs; jtpu. (,izg;g[ II-y; cs;s ,d';fs;) m';fPfhug; gl;oaypy; cs;s ,ju ehspjH;fSf;F (,izg;g I-y; cs;s ,d';fs;) 1/4/2006 md;W ehspjH;fspd; th;j;jff; fl;lzj;ij mog;gilahff; bfhz;L. th;j;jff; fl;lzj;jpy; 75% muR tpsk;guf; fl;lzkhf tH';fyhk; vd KobtLf;fg;gl;lJ/ mjdog;gilapy;. 2001 Kjy; 2006 tiu tpsk;guf; fl;lzk; cah;j;jg;gl;l ehspjH;fs; (,izg;g?II) jtpu muR m';fPfhug; gl;oaypYs;s ,ju ehspjH;fSf;F ,e;j Mizapd; ,izg;g[ 1?y;. fhyk;?5?y; Fwpg;gpl;Ls;sgo. tpsk;guf; fl;lz tpfpjj;ij muR cah;j;jp kWeph;zak; bra;J Miz btspaplg;gLfpwJ/
7) nkny gj;jp 6?y; cah;j;jp eph;zak; bra;ag;gl;l tpsk;guf; fl;lzk; cldoahf eilKiwf;F tUfpwJ/
8) midj;J muRj;Jiw jiyth;fSk;. muRj;Jiw epWtd';fspd; eph;thf ,af;Feh;fSk;. j';fs; eph;thfj;jpd; fPH;tUk;. tpsk;gu';fs; btspapl mjpfhuk; bgw;Ws;s midj;J rhh;epiy mYtyh;fSf;Fk; jw;bghGJ cah;j;jp eph;zak; bra;ag;gl;Ls;s muR tpsk;guf; fl;lz tpfpj';fis mDg;gp itj;J. tpsk;gu';fs; btspapLk; bghGJ mf;fl;lz tpfpj';fis mt;tYtyh;fs; jtwhJ gpd;gw;WkhW jFe;j mwpt[iufs; tH';FkhW nfl;Lf;bfhs;sg;gLfpwhh;fs;/
9) ,t;turhiz epjpj;Jiwapd; m/rh/F/vz;/SS/P/2006, ehs;/02/06/2006?d; xg;g[jYld; btspaplg;gLfpwJ/ (MSehpd; Mizg;go) bt/,iwad;g[ muR brayhsh;/ ,izg;g[?1 I-A (xU gj;jp xU br/kP/) t/vz;/ ehspjH;fspd; bgah;
tpsk;guf; fl;lz tpfpjk; (xU gj;jp x xU br/kP/) 1/4/2006?y; ehspjHpd; th;j;jf tpsk;guf; fl;lzk; 1/4/2006?y; ehspjHpd; th;j;jf tpsk;guf; fl;lzj;jpy; 75 tpGf;fhL tH';fpdhy; tpsk;guf; fl;lzk;/ (1) (2) (3) (4) (5) jkpH; ehspjH;fs;
(U:ghapy;) 1 jpdfud; (8 x 53) brd;id 134-?
1060-?
795-?
kJiu 59-?
240-?
180-?
jpUr;rp 59-?
240-?
180-?
nryk;
42-?
150-?
113-?
nfhak;g[j;Jhh;
64-?
300-?
225-?
ntYhh;
41-?
110-?
83-?
jpUbey;ntyp 54-?
150-?
113-?
ehfh;nfhtpy;
80-?
60-?
ghz;or;nrhp 20-?
200-?
150-?
bg';fS:h;
100-?
75-?
midj;Jg; gjpg;g[fs;
460-?
2630-?
1973-?
2jpdkyh; (8 x 53) brd;id 90-?
310-?
233-?
jpUbey;ntyp 40-?
165-?
124-?
j";rht{h; + jpUr;rp 67-?
275-?
206-?
jpz;Lf;fy; + kJiu 67-?
330-?
248-?
<nuhL 40-?
130-?
98-?
nryk;
24-?
130-?
98-?
ghz;onrhp 50-?
135-?
101-?
nfhak;g[j;Jhh;
59-?
220-?
165-?
ntYhh;
42-?
120-?
90-?
ehfh;nfhtpy;
23-?
165-?
124-?
midj;Jg; gjpg;g[fs;
473-?
1925-?
1444-?
3khiyKuR brd;id 56-?
180-?
135-?
ntYhh;
32-?
?
nryk;
35-?
?
jpUr;rp 31-?
75-?
56-?
kJiu 31-?
90-?
68-?
jpUbey;ntyp 18-?
50-?
38-?
nfhak;g[j;Jhh;
59-?
?
midj;Jg; gjpg;g[fs;
226-?
350-?
263-?
t/vz;/ ehspjH;fspd; bgah;
tpsk;guf; fl;lz tpfpjk; (xU gj;jp x xU br/kP/) 1/4/2006?y; ehspjHpd; th;j;jf tpsk;guf; fl;lzk; 1/4/2006?y; ehspjHpd; th;j;jf tpsk;guf; fl;lzj;jpy; 75 tpGf;fhL tH';fpdhy; tpsk;guf; fl;lzk;/ jkpH; ehspjH;fs; (bjhlh;r;rp) (U:ghapy;) 4 Kubrhyp 90-?
120-?
90-?
5kJiukzp (8 x 52) brd;id 31-?
?
?
kJiu 54-?
85-?
64-?
midj;J gjpg;g[fs;
72-?
?
8-?
6Fkhp KuR brd;id 72-?
120-?
90-?
ehfh;nfhtpy;
72-?
120-?
90-?
midj;J gjpg;g[fs;
136-?
200-?
150-?
7jPf;fjph;
brd;id 41-?
330-?
248-?
kJiu 41-?
270-?
203-?
midj;J gjpg;g[fs;
64-?
510-?
383-?
8kf;fs; bra;jp brd;id 67-?
N.A. 67-?
ghz;or;nrhp 67-?
67-?
midj;J (brd;id jtpu) 82-?
82-?
midj;J (ghz;o jtpu) 136-?
136-?
9jkpH;KuR brd;id 400-?
300-?
kJiu 150-?
113-?
jpUr;rp 36-?
150-?
113-?
nryk;
100-?
75-?
nfhak;g[j;Jhh;
200-?
150-?
ntYhh;
60-?
45-?
jpUbey;ntyp 23-?
75-?
56-?
ehfh;nfhtpy;
50-?
38-?
ghz;or;nrhp 100-?
75-?
midj;Jg; gjpg;g[fs;
1285-?
964-?
10tpLjiy 67-?
N.A. 67-?
11gpw;gfy;
46-?
70-?
53-?
12kzpr;Rlh;
60-?
N.A. 60-?
13khiyr;Rlh; (8 x 52) 82-?
135-?
101-?
jkpH; ehspjH;fs; (bjhlh;r;rp) (U:ghapy;) 14 ek; jpdkjp 28-?
N.A. 28-?
15fhiyf;fjph;
nryk;
120-?
90-?
jpUr;rp 90-?
68-?
bg';fS:h;
50-?
38-?
midj;Jg; gjpg;g[ 64-?
220-?
165-?
16jpdj;JhJ 90-?
N.A. 90-?
17jpdr;Rlh;
36-?
N.A. 36-?
M';fpy ehspjH;fs;
1nec&dy; vuhy;L bly;yp 144-?
N.A. 144-?
yf;ndh 144-?
144-?
midj;J gjpg;g[ 252-?
252-?
2me;jkhd; vuhy;l;
fhy; gf;fk;
1800-?
N.A. 1800-?
miug; gf;fk;
3420-?
3420-?
KGg; gf;fk;
6750-?
6750-?
(xU gj;jp x xU br/kP/ 36-?
36-?) 3 Mg;lh; Ehd;
67-?
120-?
90-?
4jpcwpltl 180-?
N.A. 180-?
5,e;J!;jhd; ilk;!;
bly;yp 1054-?
N.A. 1054-?
ghl;dh 262-?
262-?
midj;J gjpg;g[ 1117-?
1117-?
cUJ ehspjH;fs;
1jkpH;ehL ilk;!;
36-?
60-?
45-?
2Kry;khd;
36-?
60-?
45-?
kiyahs ehspjH;
1nfus fKjp (midj;J gjpg;g[) 226-?
850-?
638-?
F$uhj;jp ehspjH;
1re;njc&;
954-?
1950-?
1463-?
,izg;g[?I I-B (xU rJu br/kP/) M';fpy ehspjH;fs;
(xU rJu brd;o kPl;lh; ? U:ghapy;) 1 jp ,e;J bjd;dfg; gjpg;g[ 990-?
1025-?
769-?
midj;Jg; gjpg;g[ 1057-?
1050-?
788-?
2gprpd!; !;lhz;lh;l;
Kk;ig 226-?
100-?
75-?
bly;yp 226-?
101-?
76-?
fy;fj;jh 175-?
64-?
48-?
brd;id 70-?
36-?
27-?
bg';fS:h;
75-?
45-?
34-?
icwjuhghj;
25-?
36-?
27-?
bjd;dfg; gjpg;g[ 87-?
65-?
mfkjhghj;
28-?
21-?
midj;J gjpg;g[ 599-?
300-?
225-?
3!;nll;!; nkd;
fy;fj;jh 563-?
170-?
128-?
bly;yp 136-?
60-?
45-?
midj;J gjpg;g[ 571-?
320-?
240-?
4blypfpuhg;
676-?
850-?
638-?
5gphpgpu!; b$h;dy;
Kk;ig 149-?
75-?
56-?
,e;Jhh;
103-?
39-?
29-?
midj;J gjpg;g[ 181-?
93-?
70-?
6epa{!; Lnl 85-?
75-?
56-?
7ohpdpo kph;uh;
brd;id 65-?
44-?
33-?
nfhak;g[j;Jhh;
49-?
22-?
17-?
kJiu 49-?
22-?
17-?
midj;J gjpg;g[ 130-?
72-?
54-?
,e;jp ehspjH;
(xU rJu brd;o kPl;lh; ? U:ghapy;) 1 uh$!;jhd; gj;hpfh brd;id ?
85-?
64-?
midj;Jg; gjpg;g[ 900-?
1410-?
1058-?
bjY';F ehspjH;
1thh;jh icwjuhghj;
162-?
132-?
99-?
tp$athlh 100-?
70-?
53-?
tprhfg;gl;odk;
90-?
62-?
47-?
X';nfhy;
49-?
52-?
39-?
eprhkhghj;
54-?
48-?
36-?
thuh';fhy;
90-?
54-?
41-?
uh$ Ke;jphp 90-?
62-?
47-?
flg;gh 90-?
50-?
38-?
jpUg;gjp 77-?
54-?
41-?
midj;J gjpg;g[ 521-?
495-?
371-?
,izg;g[?I I-B (xU rJu br/kP/) M';fpy ehspjH;fs;
(xU rJu brd;o kPl;lh; ? U:ghapy;) 1 jp ,e;J bjd;dfg; gjpg;g[ 990-?
1025-?
769-?
midj;Jg; gjpg;g[ 1057-?
1050-?
768-?
2gprpd!; !;lhz;lh;l;
Kk;ig 226-?
100-?
75-?
bly;yp 226-?
101-?
76-?
fy;fj;jh 175-?
64-?
48-?
brd;id 70-?
36-?
27-?
icwjuhghj;
25-?
36-?
27-?
bjd;dfg; gjpg;g[ 87-?
65-?
mfkjhghj;
28-?
21-?
midj;J gjpg;g[ 599-?
300-?
225-?
3!;nll;!; nkd;
fy;fj;jh 563-?
170-?
128-?
bly;yp 136-?
60-?
45-?
midj;J gjpg;g[ 571-?
320-?
240-?
4blypfpuhg;
676-?
850-?
638-?
5gphpgpu!; b$h;dy;
Kk;ig 149-?
75-?
56-?
,e;Jhh;
103-?
39-?
29-?
midj;J gjpg;g[ 181-?
93-?
70-?
6epa{!; Lnl 85-?
75-?
56-?
7ohpdpo kph;uh;
brd;id 65-?
44-?
33-?
nfhak;g[j;Jhh;
49-?
22-?
17-?
kJiu 49-?
22-?
17-?
midj;J gjpg;g[ 130-?
72-?
54-?
,e;jp ehspjH;
(xU rJu brd;o kPl;lh;?U:ghapy;) 1 uh$!;jhd; gj;hpfh brd;id ?
85-?
64-?
midj;Jg; gjpg;g[ 900-?
1410-?
1058-?
bjY';F ehspjH;
1thh;jh icwjuhghj;
162-?
132-?
99-?
tp$athlh 100-?
70-?
53-?
tprhfg;gl;odk;
90-?
62-?
47-?
X';nfhy;
49-?
52-?
39-?
eprhkhghj;
54-?
48-?
36-?
thuh';fhy;
90-?
54-?
41-?
uh$ Ke;jphp 90-?
62-?
47-?
flg;gh 90-?
50-?
38-?
jpUg;gjp 77-?
54-?
41-?
midj;J gjpg;g[ 521-?
495-?
371-?
,izg;g[?II (14.3.2001 Kjy; 9/1/2006 tiuahd fhyj;jpy; tpsk;guf; fl;lzk; eph;zak; bra;ag;gl;l ehspjH;fs; tptuk; I-A (xU gj;jp xU br/kP/) t/vz;/ ehspjH;fspd; bgah;
ehspjHpd; th;j;jf tpsk;guf; fl;lzk; jw;nghija muR tpsk;guf; fl;lz tpfpjk; (xU gj;jp xU br/kP/) muR tpsk;gu';fSf;fhf eph;zak; bra;ag;gl;l murhiz vz;/ kw;Wk;; ehs;/ (1) (2) (3) (4) (5) 1 vk;g;sha;bkd;l; rh;tP!;
(thu ,jH;) m/M/(o)/vz;/19. ehs;/22/6/2001 cs;gf;fk;
25000-?
18.750-?
cs; ,Ugf;fk;
40000-?
30.000-?
cs; ml;il gf;fk;
30000-?
22.500-?
btsp ml;ilg; gf;fk;
35000-?
26.250-?
2lhf;lh; ekJ vk;/$p/Mh;
120-?
90-?
m/M/(o) vz;/139.
ehs;/30/7/2001 3 kf;fs; Fuy;
m/M/(o) vz;/170.
ehs;/3/10/2001 brd;id 198-?
73-?
kJiu 99-?
47-?
nfhit 99-?
32-?
midj;Jg; gjpg;g[ 120-?
4jpdg{kp m/M/(o) vz;/100.
ehs;/14/6/2005 brd;id 240-?
114-?
jpUr;rp 90-?
42-?
jpUbey;ntyp 90-?
59-?
kJiu 90-?
42-?
nryk;
80-?
49-?
nfhit 90-?
42-?
ntYhh;
75-?
35-?
ghz;o 70-?
31-?
Kk;ig 250-?
118-?
jkpH;ehL & ghz;o 760-?
357-?
jkpH;ehL. ghz;o kw;Wk; Kk;ig (midj;Jg; gjpg;g[) 1000-?
470-?
5jpdj;je;jp m/M/(o) vz;/12.
ehs;/9/1/2006 brd;id 920-?
620-?
kJiu 140-?
122-?
jpz;Lf;fy;
70-?
61-?
jpUr;rp 108-?
94-?
j";rht{h;
102-?
89-?
nfhak;g[j;Jhh;
185-?
161-?
<nuhL 72-?
63-?
nryk;
130-?
113-?
jpUbey;ntyp 95-?
83-?
ehfh;nfhtpy;
66-?
57-?
ntYhh;
95-?
83-?
flYhh;
76-?
66-?
ghz;onrhp 80-?
70-?
bg';fS:h;
120-?
104-?
midj;Jg; gjpg;g[ 2.225-?
1786-?
6khiykyh;
m/M/(o) vz;/12.
ehs;/9/1/2006 brd;id 230-?
116-?
kJiu 80-?
56-?
jpUr;rp 70-?
58-?
nfhak;g[j;Jhh;
140-?
108-?
nryk;
85-?
64-?
ghz;or;nrhp 70-?
50-?
ehfh;nfhtpy;
38-?
33-?
<nuhL 38-?
33-?
midj;Jg; gjpg;g[ 700-?
406-?
7igdhd;rpay; ilk;!;
9680-?
7260-?
m/M/(o) vz;/14.
ehs;/27/1/2003 kiyahs ehspjH;
8khj;Ug{kp (brd;id) 47-?
35-?
m/M/(o) vz;/38.
ehs;/24/2/2003 khj;Ug{kp (midj;J gjpg;g[) 702-?
702-?
m/M/(o) vz;/33.
ehs;/14/3/2001 ,e;jp ehspjH;fs;
(U:ghapy;) 9 ildpf; $hf;ud;
m/M/(o) vz;/44.
ehs;/10/3/2003 fhd;g{h;
783-?
587yf;ndh 765-?
574nfhuf;g{h;
360-?
270thuzhrp 540-?
405myfhghj;
360-?
270thuzhrp (k) myfhghj;
700-?
525Mf;uh 360-?
270bguyp 360-?
270bkhujhghj;
180-?
135$hd;rp 220-?
165kPul;
333-?
250nluhL:z;
405-?
304bly;yp 450-?
338cwprhh; (mhpahdh) 270-?
203$ye;jh; (g";rhg;) 450-?
338ghl;dh 630-?
473nghghy; (k) buth 360-?
270cj;jpugpunjrk;
2365-?
1774midj;Jg; gjpg;g[ 2880-?
2160 10ildpf; gh!;fh;
m/M/(o) vz;/62.
ehs;/27/3/2003 b$a;g{h;
650-?
455-?
n$hj;g{h;
270-?
189-?
cja;g{h;
225-?
158-?
m$;kPh;
210-?
147-?
gPfhdPh;
185-?
130-?
nfhlh 190-?
133-?
_ f';fh efh;
125-?
88-?
nghghy;
325-?
228-?
,e;Jhh;
400-?
280-?
Fthypah;
200-?
140-?
bua;g{h;
275-?
193-?
gpyh!;g{h;
175-?
123-?
ghzpgl;
250-?
175-?
cwprhh;
175-?
123-?
ghpjhghj;
125-?
88-?
midj;Jg; gjpg;g[ 3375-?
2363-?
,izg;g[?II I-B (xU rJu br/kP/) t/vz;/ ehspjH;fspd; bgah;
ehspjHpd; th;j;jf tpsk;guf; fl;lzk; jw;nghija muR tpsk;guf; fl;lz tpfpjk; (xU gj;jp xU br/kP/) muR tpsk;gu';fSf;fhf eph;zak; bra;ag;gl;l murhiz vz;/ kw;Wk;; ehs;/ jkpH; ehspjH;fs;
(xU rJu brd;o kPl;lh; ? U:ghapy;) 1 jpdkzp brd;id 90-?
49-?
kJiu 65-?
39-?
nfhak;g[j;Jhh;
50-?
30-?
midj;Jg; gjpg;g[ 190-?
114-?
M';fpy ehspjH;fs;
2epa{ ,e;jpad; vf;!;gpu!;
bjd;dfg; gjpg;g[ 530-?
293-?
3,e;jpad; vf;!;gpu!;
tlf;Fg; gjpg;g[ (bly;yp. rz;ofhh;) 280-?
136-?
nkw;F gjpg;g[ (Kk;ig. g{nd. ehf;g{h;. tnjhuh. mfkjhghj;) 590-?
206-?
m/M/(o) vz;/132.
ehs;/01/07/2005 midj;Jg; gjpg;g[ 1100-?
660-?
8/12/2005 Kjy;xU rJu brd;o kPl;lUf;F U:630-? jw;fhypfkhf eph;zak; bra;ag;gl;Ls;sJ 4 igdhd;rpay; vf;!;gpu!;
brd;id gjpg;g[ 50-?
47-?
bjd;dfg; gjpg;g[ (bfhr;rp. bg';fS:h;. brd;id) 130-?
95-?
midj;J gjpg;g[ (epa{ bly;yp. Kk;ig. bfhy;fj;jh. rz;ofhh;. mfkjhghj;. bfhr;rp. bg';fS:h;. brd;di) 280-?
168-?
m/M/(o) vz;/132.
ehs;/01/07/2005 M';fpy ehspjH;fs; (bjhlh;r;rp) (xU rJu brd;o kPl;lh; ? U:ghapy;) 5 ilk;!; Mg; ,e;jpah m/M/(o) vz;/120.
ehs;/29/05/2003 m/M/(o) vz;/202.
ehs;/14/10/2003 Kk;ig 1200-?
272-?
bly;yp 990-?
132-?
mfkjhghj;
260-?
30-?
bg';fS:h;
610-?
22-?
yf;ndh 275-?
22-?
ghl;dh 170-?
22-?
icwjuhghj;
130-?
42-?
g{nd 350-?
126-?
bfhy;fj;jh 300-?
126-?
midj;Jg; gjpg;g[ 2150-?
794-?
6vf;fdhkpf; ilk;!k;
m/M/(o) vz;/120.
ehs;/29/05/2003 Kk;ig 550-?
59-?
bly;yp 540-?
59-?
mfkjhghj;
190-?
24-?
bg';fS:h;
190-?
35-?
icwjuhghj;
160-?
35-?
brd;id 160-?
39-?
bfhy;fj;jh 240-?
29-?
midj;Jg; gjpg;g[ 1550-?
280-?
,e;jp ehspjH;
7etghuj; ilk;!;
m/M/(o) vz;/120.
ehs;/29/05/2003 Kk;ig 160-?
24-?
bly;yp 340-?
103-?
midj;Jg; gjpg;g 450-?
127-?
bt/,iwad;g[ muR brayhsh;/ RUf;fk;
tpsk;guk; ? jkpH; tsh;r;rp (k) bra;jpj;Jiw ? jpdkyh; ehspjGf;F gj;jp brd;o kPl;lh; myfpypUe;J rJu brd;o kPl;lh; myfpw;F khw;wp muR tpsk;guf; fl;lzk; eph;zak; bra;J ? Miz btspaplg;gLfpwJ/ ??????????????????????????????????????????????????????????????????
jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j; Jiw murhiz(g) vz;/66 ehs; 01/07/2015 jpUts;Stuhz;L 2045 kd;kj ? Mdp?16 gof;fg;gl;lJ :-
1) murhiz (g) vz;/ 108. bra;jp kw;Wk; Rw;Wyh (tpsk;guk;)j; Jiw ehs; 02/06/2006
2) ,af;Feh;. jpdkyh; ehspjH; mth;fspd; fojk; ehs; 13/06/2015 ?????
Miz:-
,af;Feh;. jpdkyh; ehspjH; mth;fs; jdJ fojj;jpy;. jpdkyh; ehspjH; Rkhh; 9 yl;rk; gpujpfs; tpw;gidahtjhft[k; (10/64 yl;rk; "hapw;Wf;fpHika[k;. 8/97 yl;rk; ,ju thu ehl;fspYk; tpw;gid) 5 kpy;ypad; thrfh;fisf; bfhz;L btsptUtjhft[k;. bgl;nuhypaj;ij mog;gilahff; bfhz;L mr;rpLk; K:yg; bghUl;fSf;fhd tpiy cah;tpd; fhuzkhft[k;. mr;rpLk; fhfpj tpiy mjpf cah;tpd; fhuzkhft[k;. etPd bjhHpy;El;gk; bfhz;l tz;z mr;R ,ae;jpuj;ij th';fp gad;gLj;Jtjhft[k;. ehspjH; btspf; bfhzUk; gzpapy; Vuhskhd rpuk';fs; Vw;gl;Ls;sjhf Fwpg;gpl;Ls;shh;/ nkYk;. jw;nghija jpdkyh; ehspjHpd; th;j;jff; fl;lzj;ij xg;gpLk; nghJ. muR tpsk;guf; fl;lzk; th;j;jff; fl;lzj;jpy; 25% f;F Fiwthf cs;sjhft[k;. fle;j 10 Mz;Lfshf jpdkyh; ehspjGf;F muR tpsk;guf; fl;lzk; khw;wpaikf;fhj fhuzj;jhy; kpFe;j ec&;lk; Vw;gLtijf; fUj;jpy; bfhz;L jpdkyh; ehspjHpd; muR tpsk;guf; fl;lzj;ij gj;jp brd;o kPl;lhpypUe;J rJu brd;o kPl;lh; myfpw;F khw;wp mikj;Jk; jpdkyh; ehspjHpd; jw;nghija th;j;jff; fl;lzj;jpy; 75% I muR tpsk;guf; fl;lzkhf eph;zak; bra;J jUkhWk; nfl;Lf;bfhz;Ls;shh;/
2) murpd; ftdkhd ghprPyidf;Fg; gpd;dh; muR tpsk;guf; fl;lzj;ij gj;jp brd;o kPl;lhpypUe;J rJu brd;o kPl;lh; myfpw;F khw;wp mikj;J. jpdkyh; ehspjHpd; gpd;tUk; gjpg;g[fSf;F mjd; th;j;jff; fl;lzj;jpy; 75% ?I muR tpsk;guf; fl;lzkhf fPH;f;fz;lothW eph;zak; bra;J Mizaplg;gLfpwJ/ gjpg;g[fs;
jw;nghija th;j;jf tpsk;guf; fl;lzk; (xU gj;jp brd;okPl;lh;) (U:gha;) jw;nghija th;j;jf tpsk;guf; fl;lzk; gj;jp brd;o kPl;lh; myfpypUe;J xU rJu brd;o kPl;lh; myfpw;F khw;wp (U:gha;) eph;zak; bra;ag;gLk; muR tpsk;guf; fl;lzk; (th;j;jff; fl;lzj;jpy; 75% xU rJu brkP) (U:gha;) brd;id 1400 350 263 kJiu 1120 280 210 nfhak;g[j;Jhh;
920 230 173ntYhh;
408 102 77<nuhL 288 72 54 nryk;
288 72 54jpUr;rp 460 115 86 jpUbey;ntyp 420 105 79 ehfh;nfhtpy;
280 70 53j";rht{h;
432 108 81ghz;or;nrhp 500 125 94 midj;Jg; gjpg;g[ 6516 1629 1222
3) ,t;tpsk;guf; fl;lzk; ,t;turhiz btspaplg;gLk; ehs; Kjy; mkYf;F tUfpwJ/
4) ,t;turhiz epjpj;Jiwapd; m/rh/F/ vz; 2947/FS/P/2015 ehs;/30/06/2015?d; ,irt[ld; btspaplg;gLfpwJ/ (MSehpd; Mizg;go) K:/,uhrhuhk;
muR brayhsh;
RUf;fk;
tpsk;guk; ? jkpH; tsh;r;rp (k) bra;jpj;Jiw ? jpdj;je;jp ehspjGf;F muR tpsk;guf; fl;lzk; eph;zak; bra;J Miz btspaplg;gLfpwJ/ ??????????????????????????????????????????????????????????????????
jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j;Jiw murhiz(g) vz;/94 ehs; 28/09/2015 jpUts;Stuhz;L 2046 kd;kj ? g[ul;lhrp?11 gof;fg;gl;lJ :- 1) murhiz (g) vz;/ 640. jkpH; tsh;r;rp. mwepiya';fs; (k) bra;jp (tpsk;guk;)j;Jiw ehs; 28/10/2009
2) ,af;Feh;. jpdj;je;jp ehspjH; mth;fspd; fojk; vz; HA/59, ehs; 24/09/2015 ?????
Miz:-
nkny ,uz;lhtjhf gof;fg;gl;l ,af;Feh;. jpdj;je;jp. ehspjH;. brd;id mth;fspd; fojj;jpy; jpdj;je;jp ehspjHpd; jw;nghija tpw;gid gpujpfspd; vz;zpf;if 16.81.804 gpujpfshf cs;sJ vd;Wk; ,J fle;j 9 Mz;LfspypUe;J 8.17.194. ypUe;J ,uz;L kl';fhf cah;e;Js;sJ vdt[k; jpdj;je;jp ehspjGf;F 6 Mz;LfSf;F Kd; muR tpsk;guf; fl;lzk; cah;j;jp eph;zak; bra;ag;gl;lJ vd;Wk; mf;fl;lzk; jpdj;je;jp ehspjGf;fhd jw;nghija th;j;jff; fl;lzj;ij xg;gpLk; nghJ. muR tpsk;guf; fl;lzk; th;j;jff; fl;lzj;jpy 23% Mf cs;sJ vdt[k;. nkYk;. jw;nghija muR tpsk;guf; fl;lzj;jpy; tpsk;guk; gpuRhpg;gjhy;. brd;id. g[Jr;nrhp. bg';fS:h; kw;Wk; Kk;ig gjpg;g[fs; jtpu gpw gjpg;g[fspy; cw;gj;jpr; bryit <Lfl;l ,aytpy;iy vd;wk;. gj;jphpif fhfpjk; kw;Wk; jahhpg;g[r; bryt[fs; cah;it <Lbra;a ,ayhj epiy vdt[k;. Vg;uy; 2015 jp';fspy; khw;wpaikf;fg;gl;Ls;s jpdj;je;jp ehspjHpd; th;j;jff; fl;lzj;jpy; 85% ?I muR tpsk;guf; fl;lzkhf eph;zak; bra;J jUkhWk; nfl;Lf; bfhz;Ls;shh;/
2) murpd; ftdkhd ghprPyidf;Fg; gpd;dh; jpdj;je;jp ehspjHpd; gpd;tUk; gjpg;g[fSf;F mjd; th;j;jff; fl;lzj;jpy; 75% ?I muR tpsk;guf; fl;lzkhf fPH;f;fz;lthW eph;zak; bra;J Mizaplg;gLfpwJ/ gjpg;g[fs;
01/04/2015 Kjy; th;j;jf tpsk;guf; fl;lzk; eph;zak; bra;ag;gLk; muR tpsk;guf; fl;lzk; (th;j;jff; fl;lzj;jpy; 75%) (xU rJu brd;o kPl;lh;) (U:gha;) brd;id 854 641 kJiu 132 99 jpz;Lf;fy;
64 48jpUr;rp 107 80 j";rht{h;
105 79nfhak;g[j;Jhh;
137 103jpUg;g{h;
60 45<nuhL 68 51 nryk;
132 99jpUbey;ntyp 125 94 ehfh;nfhtpy;
95 71ntYhh;
83 62flYhh;
70 53g[Jr;nrhp 72 54 bg';fS:h;
93 70Kk;ig 77 58 midj;Jg; gjpg;g[ 2150 1613
3) ,t;tpsk;guf; fl;lzk; ,t;turhiz btspaplg;gLk; ehs; Kjy; mkYf;F tUfpwJ/
4) ,t;turhiz epjpj;Jiwapd; m/rh/F/ vz; 4179/FS/P/2015 ehs;/28/09/2015?d; ,irt[ld; btspaplg;gLfpwJ/ (MSehpd; Mizg;go) K:/,uhrhuhk;
muR brayhsh;
RUf;fk;
tpsk;guk; ? jkpH; tsh;r;rp (k) bra;jpj;Jiw ? kf;fs; Fuy; jkpH; khiy ehspjH; kw;Wk; ohpdpl;o kpuh; M';fpy khiy ehspjH; Mfpatw;wpw;F muR tpsk;guf; fl;lzk; eph;zak; bra;J ? Miz btspaplg;gLfpwJ/ ??????????????????????????????????????????????????????????????????
jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j;Jiw murhiz(g) vz;/116 ehs; 18/11/2015 jpUts;Stuhz;L 2046 kd;kj ? fhh;j;jpif?2 gof;fg;gl;lJ :- 1/ murhiz (o) vz; 298. jkpH; tsh;r;rp. mwepiya';fs; (k) bra;jp (tpsk;guk;)j; Jiw ehs; 04/08/2011 2/ murhiz (o) vz; 288. jkpH; tsh;r;rp. mwepiya';fs; (k) bra;jp (tpsk;guk;)j; Jiw ehs; 31/12/2012
3/ Mrphpah; (k) btspaPl;lhsh;. kf;fs; Fuw; kw;Wk; ohpdpl;o kpuh; ehspjH;fs;. brd;id mth;fspd; foj ehs; 27/08/2015 ?????
Miz:-
nkny K:d;whtjhf gof;fg;gl;l fojj;jpy; kf;fs; Fuy; kw;Wk; ohpdpl;o kpuh; Mfpa ehspjH;fspd; Mrphpah;?btspaPllhsh;. mth;fs;. fle;j rpy Mz;Lfshf gj;jphpiffSf;F njitahd fhfpjk;. mr;rpLk; ik. Mg;brl; gpnsl; kw;Wk; K:yg; bghUl;fspd; tpiy cah;t[ kw;Wk; CHpah;fspd; Cjpa cah;t[ nghd;w fhuz';fspdhy; nkw;fz;l ,uz;L ehspjH;fspd; th;j;jf tpsk;guf; fl;lz';fis cah;j;j ntz;oa epiy Vw;gl;Ls;sJ vd;Wk; vdnt. me;ehspjH;fspd; jw;nghija th;j;jf fl;lzj;jpy; 75% ?I muR tpsk;guf; fl;lzkhf eph;zak; bra;J jUkhWk; nfl;Lf;bfhz;Ls;shh;/
2) murpd; ftdkhd ghprPyidf;Fg; gpd;dh; kf;fs; Fuy; jkpH; kw;Wk; ohpdpl;o kpuh; M';fpyk; Mfpa khiy ehspjH;fspd; gpd;tUk; gjpg;g[fSf;F mjd; th;j;jff; fl;lzj;jpy; 75% ?I muR tpsk;guf; fl;lzkhf fPH;f;fz;lthW eph;zak; bra;J Mizaplg;gLfpwJ/ kf;fs; Fuy; jkpH; khiy ehspjHpd; gjpg;g[fs;
jw;nghija th;j;jf tpsk;guf; fl;lzk; jw;nghJ muR eph;zak; bra;a[k; tpsk;guf; fl;lzk; (th;j;jff; fl;lzj;jpy; 75%) (xU rJu brd;o kPl;lh;) (U:gha;) brd;id 360 270 kJiu 320 240 nfhak;g[j;Jhh;
320 240jkpH;ehL gjpg;g[ (midj;Jg; gjpg;g[) 900 675 brd;id 360 270 kJiu 320 240 nfhak;g[j;Jhh;
320 240jkpH;ehL gjpg;g[ (midj;Jg; gjpg;g[) 900 375
3) ,t;tpsk;guf; fl;lzk; ,t;turhiz btspaplg;gLk; ehs; Kjy; mkYf;F tUfpwJ/
4) ,t;turhiz epjpj;Jiwapd; m/rh/F/vz; 4865/FS/P/2015 ehs;/11/11/2015?d; ,irt[ld; btspaplg;gLfpwJ/ (MSehpd; Mizg;go) K:/,uhrhuhk;
muR brayhsh;
RUf;fk;
tpsk;guk; ? jkpH; tsh;r;rp (k) bra;jpj;Jiw ? jp epa{ ,e;jpad; vf;!;gpu!; (jkpH;ehL kw;Wk; bjd;dfg; gjpg;g[) kw;Wk; jpdkzp Mfpa ehspjH;fSf;F muR tpsk;guf; fl;lzk; eph;zak; bra;J ? Miz btspaplg;gLfpwJ/ ??????????????????????????????????????????????????????????????????????
jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j;Jiw murhiz(g) vz;/28 ehs; 22/02/2016 jpUts;Stuhz;L 2047 kd;kj tUlk;?khrp?10 gof;fg;gl;lJ :-
1/ murhiz (o) vz; 142. jkpH; tsh;r;rp (k) bra;jp Jiw. ehs; 30/12/2014 2/ Jizj; jiyth; (khh;f;bfl;o';). jp epa{ ,e;jpad; vf;!;gpu!; ehspjH; kw;Wk; jpdkzp ehspjH;. brd;id mth;fspd; fojk; ehs; 23/12/2015/ ?????
Miz:-
nkny ,uz;lhtjhfg; gof;fg;gl;l fojj;jpy; jp epa{ ,e;jpad; vf;!;gpu!; kw;Wk; jpdkzp Mfpa ehspjH;fspd; Jizj; jiyth; (khh;f;bfl;o';) mth;fs; jdJ fojj;jpy;. bra;jpj;jhs; fhfpjj;jpd; tpiy mjpfkhf tpiy cah;t[ Vw;gl;Ls;sjhYk; kw;Wk; ,ju mr;rpLk; bghUl;fs; mjpf tpiy cah;t[ Vw;gl;Ls;sjhYk;. jp epa{ ,e;jpad; vf;!;gpu!; ehspjH; kw;Wk; jpdkzp ehspjH;fspd; th;j;jf tpsk;guf; fl;lzk; khw;wp mikf;fg;gl;Ls;sjhy;. jp epa{ ,e;jpad; vf;!;gpu!; kw;Wk; jpdkzp Mfpa ehspjH;fSf;F th;j;jff; fl;lzj;jpy; 85 rjtpfpjj;ij muR tpsk;guf; fl;lzkhf eph;zak; bra;a[khWk;. jpdkzp ehspjHpd; g[jpa gjpg;ghd ehfg;gl;odk; gjpg;gpw;Fk; muR tpsk;guf; fl;lzk; eph;zak; bra;a[khWk; nfl;Lf; bfhz;Ls;shh;/
2) murpd; ftdkhd ghprPyidf;Fg;g gpd;dh; jp epa{ ,e;jpad; vf;!;gpu!; ehspjHpd; (jkpH;ehL kw;Wk; bjd;dfk;) gjpg;g[fSf;Fk; kw;Wk; jpdkzp ehspjH;fspd; gjpg;g[fSf;Fk; mjd; th;j;jff; fl;lzj;jpy; 75% ?I muR tpsk;guf; fl;lzkhf eph;zak; bra;J Mizaplg;gLfpwJ/ t/vz;/ ehspjH;fspd; bgah; kw;Wk; gjpg;g[fs;
jw;nghija th;j;jf tpsk;guf; fl;lzk; eph;zak; bra;ag;gLk; muR tpsk;guf; fl;lzk; (xU rJu brd;o kPl;lh;) (U:gha;) (U:gha;)
1) epa{ ,e;jpad; vf;!;gpu!;
jkpH;ehL gjpg;g[ 1300 975 bjd;dfg; gjpg;g[ 3000 2250 brd;id 385 289 kJiu 135 101 nfhak;g[j;Jhh;
170 128jpUr;rpuhg;gs;sp 110 83 jpUbey;ntyp 110 83 ntYhh;
80 60jh;kg[hp 70 53 tpGg;g[uk;
70 53ehfg;gl;odk; (g[jpa gjpg;g[) 30 23 jkpH;ehL 1000 750
3) ,t;tpsk;guf; fl;lzk; ,t;turhiz btspaplg;gLk; ehs; Kjy; mkYf;F tUfpwJ/
4) ,t;turhiz epjpj;Jiwapd; m/rh/F/vz; 582/FS/P/2016 ehs;/20/02/2016?d; xj;jpirt[ld; btspaplg;gLfpwJ/ (MSehpd; Mizg;go) b$/FkuFUgud;
,af;Feh;. bra;jp kf;fs; bjhlh;g[ kw;Wk; mYtyhy; muR ,izr; brayhsh;/ RUf;fk;
tpsk;guk; ? bra;jp kf;fs; bjhlh;g[j;Jiw ? brd;id cah;ePjpkd;wk; 01/06/2017 md;W hpl; kD vz;/6374. 6375. 6394 kw;Wk; 8242-2017?y; tH';fpa jPh;g;g[iuapd; mog;gilapy; jpdfud; kw;Wk; jkpH; KuR Mfpa jkpH; ehspjH;fspd; muR tpsk;guf; fl;lzj;ij kW eph;zak; bra;J ? Miz btspaplg;gLfpwJ/ ??????????????????????????????????????????????????????????????????
jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j;Jiw murhiz(g) vz;/118 ehs; 05/10/2017 jpUts;Stuhz;L 2048 ncwtpsk;gp?g[ul;lhrp?19 gof;fg;gl;lJ :- 1/ brd;id cah;ePjpkd;wk; 01/06/2017 md;W hpl; kD vz;/6374. 6375. 6394 kw;Wk; 8242-2017?y; tH';fpa jPh;g;g[iu ehs;/ 01/06/2017/
2/ jiyik bghJ nkyhsh;. jpdfud; ehspjH; mth;fspd; 5/9/2017 ehspl;l fojk;/ 3/ jiyik bghJ nkyhsh;. jkpH;KuR ehspjH; mth;fspd; 5/9/2017 ehspl;l fojk;/ ////// Miz:-
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muR brayhsh;
17. Reading of the Government Orders shows that depending upon the circulation, region, rates are fixed. Contention of the learned Advocate General that Central Government advertisements are normally published in national newspapers, with wide circulation and not in all regional newspapers, appears to be reasonable and also acceptable because, regional newspapers with all certainty, cannot be said to be widely circulated, throughout the State of Tamilnadu. Contents of the Go's extracted supra, speak for themselves. Therefore, it can be concluded that the difference in the advertisement rate, depending upon the circulation of the newspapers, in the above mentioned Government Orders, would speak for itself.
18. Main contention of the petition is that when Makkal Kural (Tamil) and Trinity Mirror (English) have accepted the rate at Rs.13.49/- per sq.cm, for advertising, and to the effect, an order has been issued by the Ministry of Information and Broad Casting, Government of India, New Delhi. Government of Tamil Nadu is spending huge money on Makkal Kural (Tamil) and Trinity Mirror (English) newspapers. Advertising Rate Contract Agreement of the above dailies, are extracted hereunder:
"Directorate of Advertising & Visual Publicity Ministry of Information and Broadcasting Government of India Soochna Bhawan, Phase 4, CGO Complex, Lodhi Road, New Delhi-110003 ADVERTISING RATE, CONTRACT AGREEMENT This agreement is being entered into between. DAVP, Ministry of I&B, Government of India and the publisher mentioned below, as per terms and conditions given as under:
DAVP Code : 400036 RNI Regn. : 024383/73 [CA][Standard][UNBOUND][Colour] Name, Language : MAKKAL KURAL, TAMIL Peridicity, Place : DAILY (E), CHENNAI Address : 1,FIRST MAIN ROAD, UNITED INDIA COLONY, KODAMBAKKAM-24, TAMIL NADU CHENNAI, TAMIL NADU-600024.
Telephone : 44-24733900
1. (a) This agreement is valid from : 01/01/2016 to 31/12/2018
(b) Circulation Accepted : 16860 [ Sixteen Thousand Eight Hundred Sixty]
(c) Agreed Rate per Sq.cm : Rs.13.4900/- [Rupees Thirteen and Paise Forty Nine Only]
(d) Net Rate after agency discount of 15% to DAVP : Rs.11.4700 [Rupees Eleven and Paise Forty Seven Only] (Additional discount of 1.0% for UPSC 4 SSC advts)
(e) These rates will be revised in case of any change in the basis of the calculation.
2. The publisher will not offer a lower safe than this to any other advertiser. DAVP will automatically reduce the rate accordingly.
3. Circulation figures and other information provided by the publisher, if found incorrect later, may lead to stoppage of Government advertisements, recovery of payments and any other action deemed appropriate by Government.
4. Payment will be made by DAVP as per actual;space used, on receipt of published copy of the advertisement along with bills.
5. Refusal to publish advertisement released by DAVP may lead to cancellation of empanelment.
6. The publisher shall intimate immediately to DAVP of any change in printer/publisher/size/periodicity/language/place of publication, etc.
7. The publisher accepts all the terms and conditions of the Advertising Policy of the Government as amended,from time-to-time and notified on the website of DAVP http://www.davp.nic.in
8. The rates for colour advertisements will be higher by 40% as compared to the rates for black and white advertisements.
................................
Directorate of Advertising & Visual Publicity Ministry of Information and Broadcasting Government of India Soochna Bhawan, Phase 4, CGO Complex, Lodhi Road, New Delhi-110003 ADVERTISING RATE, CONTRACT AGREEMENT This agreement is being entered into between. DAVP, Ministry of I&B, Government of India and the publisher mentioned below, as per terms and conditions given as under:
DAVP Code : 100660 RNI Regn. : 062432/95 [CA][Standard][UNBOUND][Colour] Name, Language : TRINITY MIRROR, ENGLISH Peridicity, Place : DAILY (M), CHENNAI Address : No.1, FIRST MAIN ROAD, UNITED INDIA COLONY, KODAMBAKKAM, CHENNAI, CHENNAI, TAMIL NADU-600024.
Telephone : 44-24733910
1. (a) This agreement is valid from : 01/01/2016 to 31/12/2018 (B) Agreed Rate per Sq.cm : Rs.13.4900/- [Rupees "Thirteen and Paise Forty Nine Only]
(c) Net Rate after agency discount of 15% to DAVP : Rs.11.4700 [Rupees Eleven and Paise Forty Seven Only] (Additional discount of 1.0% for UPSC 4 SSC advts)
(d) These rates will be revised in case of any change in the basis of the calculation.
2. The publisher will not offer a lower safe than this to any other advertiser. DAVP will automatically reduce the rate accordingly.
3. Circulation figures and other information provided by the publisher, if found incorrect later, may lead to stoppage of Government advertisements, recovery of payments and any other action deemed appropriate by Government.
4. Payment will be made by DAVP as per actual;space used, on receipt of published copy of the advertisement along with bills.
5. Refusal to publish advertisement released by DAVP may lead to cancellation of empanelment.
6. The publisher shall intimate immediately to DAVP of any change in printer/publisher/size/periodicity/language/place of publication, etc.
7. The publisher accepts all the terms and conditions of the Advertising Policy of the Government as amended,from time-to-time and notified on the website of DAVP http://www.davp.nic.in
8. The rates for colour advertisements will be higher by 40% as compared to the rates for black and white advertisements.
Authorised Signatory Authorised Signatory On behalf of Publisher On behalf of DAVP Signature :.......................... Signature :..................... Name :.......................... Name :..................... Designation :.......................... Designation :.....................
19. From the averments and submission of the learned counsel for the petitioner, it could be deduced that when Government Orders, extracted supra, contain details of the rates of advertisement, of various newspapers, the petitioner is aggrieved only against two newspapers, namely, Makkal Kural (Tamil) and Trinity Mirror (English). Reasons are best known to the petitioner.
20. Contention of the learned Advocate General is that, even those newspapers against whom relief is sought for, have not been impleaded as party respondents. At this juncture, it is relevant to consider a decision in Baskaran v. The Commissioner of College Education, reported in 1996 (I) MLJ 32, wherein a Hon'ble Division Bench of this Court, following the judgment of the Hon'ble Supreme Court in Prabodh Verma's case [1985(1) SCR 216], held that remedy under Article 226 of Constitution of India is equitable and discretionary and the persons who would be vitally affected by the decision are necessary parties. what is lis?. Who are proper and necessary parties to lis? Whether the petitioner, who seeks for an order adverse against other parties, has impleaded them, as parties to the lis, if not, what is the effect thereof. Let us consider few cases on the above.
(i) In Namit Sharma v. Union of India, reported in 2013 (1) SCC 745, at paragraph No.78.1, the Hon'ble Supreme Court held as follows:-
"78.1."Lis", as per Black's Law Dictionary (8th Edn.) means "a piece of litigation; a controversy or dispute". One party asserting the right to a particular information, the other party denying the same or even contesting that it was invasion into his projected right gives rise to a lis which has to be adjudicated by the Commission in accordance with law and, thus, cannot be termed as "administrative function" simpliciter. It, therefore, becomes evident that the appellate authority and the Commission deal with lis in the sense it is understood in the legal parlance."
(ii) In Udit Narain Singh Malpaharia Vs. Additional Member Board of Revenue, Bihar and another, reported in AIR 1963 SCC 786, the Hon'ble Supreme Court held that,
6. The question is whether in a writ in the nature of certiorari filed under Art 226 of the Constitution the party or parties in whose favour a tribunal or authority had made an order, which is sought to be quashed, is or are necessary party or parties.
9. The next question is whether the parties whose rights are directly affected are the necessary parties to a writ petition to quash the order of a tribunal. As we have seen, a tribunal or authority performs a judicial or quasi-judicial act after hearing parties. Its order affects the right or rights of one or the other of the parties before it. In a writ of certiorari the defeated party seeks for the quashing of the order issued by the tribunal in favour of the successful party. How can the High Court vacate the said order without the successful party being before it? Without the presence of the successful party the High Court cannot issue a substantial order affecting his right. Any order that may be issued behind the back of such a party can be ignored by the said party, with the result that the tribunal's order would be quashed but the right vested in that party by the wrong order of the tribunal would continue to be effective. Such a party, therefore, is a necessary party and a petition filed for the issue of a writ of certiorari without making him a party or without impleading him subsequently, if allowed by the court, would certainly be incompetent. A party whose interests are directly affected is, therefore, a necessary party.
10. In addition, there may be parties who may be described as proper parties, that is parties whose presence is not necessary for making an effective order, but whose presence may facilitate the settling of all the questions that may be involved in the controversy. The question of making such a person as a party to a writ proceeding depends upon the judicial discretion of the High Court in the circumstances of each case. Either one of the parties to the proceeding may apply for the impleading of such a party or such a party may suo motu approach the court for being impleaded therein.
11. The long established English practice, which the High Courts in our country have adopted all along, accepts the said distinction between the necessary and the proper party in a writ of certiorari. The English practice is recorded, in Halsbury's Laws of England, Vol 11, 3rd Edn. (Lord Simonds) thus in paragraph 136:
"The notice of motion or summons must be served on all persons directly affected, and where it relates to any proceedings in or before a court, and the object is either to compel the court or an officer thereof to do any act in relation to the proceedings or to quash them any order made therein, the notice of motion or summons must be served on the clerk or registrar of the court, the other parties to the proceedings and (where any objection to the conduct of the judge is to be made) on the judge.......".
In paragraph 140 it is stated:
"On the hearing of the summons or motion for an order of mandamus prohibition or certiorari, counsel in support begins and has a right of reply. Any person who desires to be heard in opposition, and appears to the Court or Judge to be a proper person to be heard, is to be heard notwithstanding that he has not been served with notice or summons, and will be liable to costs in the discretion of the Court or Judge if the order should be made........".
(iii) In Prabodh Verma and Others Vs. State of Uttar Pradesh and Others, reported in (1984) 4 SCC 251, at paragraph No.28, the Hon'ble Supreme Court held as follows:-
"28. The real question before us, therefore, is the correctness of the decision of the High Court in the Sangh case. Before we address ourselves to this question, we would like to point out that the writ petition filed by the Sangh suffered from two serious, though not incurable, defects. The first defect was that of non-joinder of necessary parties. The only respondents to the Sangh's petition were the State of Uttar Pradesh and its concerned officers. Those who were vitally concerned, namely, the reserve pool teachers, were not made parties - not even by joining some of them in a representative capacity, considering that their number was too large for all of them to be joined individually as respondents. The matter, therefore, came to be decided in their absence. A High Court ought not to decide a writ petition under Article 226 of the Constitution without the persons who would be vitally affected by its judgment being before it as respondents in a representative capacity if their number is too large, and, therefore, the Allahabad High Court ought not to have proceeded to hear and dispose of the Sangh's writ petition without insisting upon the reserve pool teachers being made respondents to that writ petition, or at least some of them being made respondents in a representative capacity, and had the petitioners refused to do so, ought to have dismissed that petition for non-joinder of necessary parties."
(iv) in Public Service Commission, Uttaranchal Vs. Mamta Bisht and others, reported in (2010) 12 SCC 204, the Hon'ble Supreme Court held as follows:-
"9. In case the respondent No.1 wanted her selection against the reserved category vacancy, the last selected candidate in that category was a necessary party and without impleading her, the writ petition could not have been entertained by the High Court in view of the law laid down by nearly a Constitution Bench of this Court in Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar & Anr., AIR 1963 SC 786, wherein the Court has explained the distinction between necessary party, proper party and proforma party and further held that if a person who is likely to suffer from the order of the Court and has not been impleaded as a party has a right to ignore the said order as it has been passed in violation of the principles of natural justice. More so, proviso to Order I, Rule IX of Code of Civil Procedure, 1908 (hereinafter called CPC) provide that non- joinder of necessary party be fatal. Undoubtedly, provisions of CPC are not applicable in writ jurisdiction by virtue of the provision of Section 141 CPC but the principles enshrined therein are applicable. (Vide Gulabchand Chhotalal Parikh Vs. State of Gujarat; AIR 1965 SC 1153; Babubhai Muljibhai Patel Vs. Nandlal, Khodidas Barat & Ors., AIR 1974 SC 2105; and Sarguja Transport Service Vs. State Transport Appellate Tribunal, Gwalior & Ors. AIR 1987 SC 88)."
21. Going through the various Government Orders, issued from time to time, we are of the view that State Government have considered the rates of advertisement, quoted by various newspapers, on the basis of circulation in a specified region and issued orders from fine. Let us consider few cases, as to when a writ of Mandamus can be issued. Writ of mandamus cannot be issued merely because, a person is praying for. One must establish the right first and then he must seek for the prayer to enforce the said right. If there is failure of duty by the authorities or inaction, one can approach the Court for a mandamus. The said position is well settled in a series of decisions.
(a) In the decision reported in (1996) 9 SCC 309 (State of U.P. and Ors. v. Harish Chandra and Ors.) in paragraph 10, the Apex Court held as follows:
10. ...Under the Constitution a mandamus can be issued by the court when the applicant establishes that he has a legal right to the performance of legal duty by the party against whom the mandamus is sought and the said right was subsisting on the date of the petition....
(b) In the decision reported in (2004) 2 SCC 150 (Union of India v. S.B. Vohra) the Supreme Court considered the said issue and held that 'for issuing a writ of mandamus in favour of a person, the person claiming, must establish his legal right in himself. Then only a writ of mandamus could be issued against a person, who has a legal duty to perform, but has failed and/or neglected to do so.
(c) In the decision reported in (2008) 2 SCC 280 (Oriental Bank of Commerce v. Sunder Lal Jain) in paragraphs 11 and 12 the Supreme Court held thus,
11. The principles on which a writ of mandamus can be issued have been stated as under in The Law of Extraordinary Legal Remedies by F.G. Ferris and F.G. Ferris, Jr.:
Note 187.-Mandamus, at common law, is a highly prerogative writ, usually issuing out of the highest court of general jurisdiction, in the name of the sovereignty, directed to any natural person, corporation or inferior court within the jurisdiction, requiring them to do some particular thing therein specified, and which appertains to their office or duty. Generally speaking, it may be said that mandamus is a summary writ, issuing from the proper court, commanding the official or board to which it is addressed to perform some specific legal duty to which the party applying for the writ is entitled of legal right to have performed.
Note 192.-Mandamus is, subject to the exercise of a sound judicial discretion, the appropriate remedy to enforce a plain, positive, specific and ministerial duty presently existing and imposed by law upon officers and others who refuse or neglect to perform such duty, when there is no other adequate and specific legal remedy and without which there would be a failure of justice. The chief function of the writ is to compel the performance of public duties prescribed by statute, and to keep subordinate and inferior bodies and tribunals exercising public functions within their jurisdictions. It is not necessary, however, that the duty be imposed by statute; mandamus lies as well for the enforcement of a common law duty.
Note 196.-Mandamus is not a writ of right. Its issuance unquestionably lies in the sound judicial discretion of the court, subject always to the well-settled principles which have been established by the courts. An action in mandamus is not governed by the principles of ordinary litigation where the matters alleged on one side and not denied on the other are taken as true, and judgment pronounced thereon as of course. While mandamus is classed as a legal remedy, its issuance is largely controlled by equitable principles. Before granting the writ the court may, and should, look to the larger public interest which may be concerned-an interest which private litigants are apt to overlook when striving for private ends. The court should act in view of all the existing facts, and with due regard to the consequences which will result. It is in every case a discretion dependent upon all the surrounding facts and circumstances.
22. When a Writ of Mandamus can be issued, has been summarised in Corpus Juris Secundum, as follows:
Mandamus may issue to compel the person or official in whom a discretionary duty is lodged to proceed to exercise such discretion, but unless there is peremptory statutory direction that the duty shall be performed mandamus will not lie to control or review the exercise of the discretion of any board, tribunal or officer, when the act complained of is either judicial or quasi-judicial unless it clearly appears that there has been an abuse of discretion on the part of such Court, board, tribunal or officer, and in accordance with this rule mandamus may not be invoked to compel the matter of discretion to be exercised in any particular way. This principle applies with full force and effect, however, clearly it may be made to appear what the decision ought to be, or even though its conclusion be disputable or, however, erroneous the conclusion reached may be, and although there may be no other method of review or correction provided by law. The discretion must be exercised according to the established rule where the action complained has been arbitrary or capricious, or based on personal, selfish or fraudulent motives, or on false information, or on total lack of authority to act, or where it amounts to an evasion of positive duty, or there has been a refusal to consider pertinent evidence, hear the parties where so required, or to entertain any proper question concerning the exercise of the discretion, or where the exercise of the discretion is in a manner entirely futile and known by the officer to be so and there are other methods which it adopted, would be effective." (emphasis supplied)
23. A prerogative writ, like, a Mandamus cannot be demanded ex debito justiatiae, but it can be issued by the court in its discretion, for which, it must be shown that, there is a non discretionary legal duty upon the authority against whom, the relief is sought for and that the person approaching the High Court under Article 226 of the Constitution of India, has to prove that he has a legal right to be enforced against the authority, for the failure of performance of a legal or statutory duty, by the authority against whom, the relief is sought for.
24. Prayer is to reduce the rate of advertisement. Mandamus cannot be issued to annul a contract entered into between the parties.
25. Contention that the Government Orders do not mention about the colour advertisement and therefore, double rate fixed is incorrect, cannot be countenanced, as there is a clear mention in the rate card by one of the newspapers, which according to the Government, is the norm adopted, for all the newspapers.
26. Contention that the abovesaid two dailies, are not included in the Audit Bureau of Circular (In short "ABC"), is not supported with any materials. When Government have adopted a uniform pattern, for all the newspapers, the petitioner has chosen to file the instant writ petition, only against the abovesaid newspapers alone. Petition appears to be motivated.
27. While entertaining a Public Interest Litigation, Court is not bound to issue notice to the respondent and conduct a roving enquiry into all the allegations made in the affidavit, when there is not even an effort made by the person, who claims to be a public interest litigant, to obtain material documents to support his averments. If that exercise has to be done, by the Courts then, in every case, an applicant may throw bald allegations, against anybody, and pray that Courts, should conduct a roving enquiry, in respect of each and every allegation made.
28. At this juncture, this Court deems it fit to consider few judgment of the Hon'ble Apex Court, on public interest litigations.
In S.P.Anand v. H.D.Deve Gowda reported in 1996 (6) SCC 734, the Hon'ble Supreme Court, at Paragraph 18, held as follows:
"It is of utmost importance that those who invoke this Court's jurisdiction seeking a waiver of the locus standi rule must exercise restraint in moving the Court by not plunging in areas wherein they are not well-versed. Such a litigant must not succumb to spasmodic sentiments and behave like a knight-errant roaming at will in pursuit of issues providing publicity. He must remember that as a person seeking to espouse a public cause, he owes it to the public as well as to the court that he does not rush to court without undertaking a research, even if he is qualified or competent to raise the issue. Besides, it must be remembered that a good cause can be lost if petitions are filed on half-baked information without proper research or by persons who are not qualified and competent to raise such issues as the rejection of such a petition may affect third party rights. Lastly, it must also be borne in mind that no one has a right to the waiver of the locus standi rule and the court should permit it only when it is satisfied that the carriage of proceedings is in the competent hands of a person who is genuinely concerned in public interest and is not moved by other extraneous considerations. So also the court must be careful to ensure that the process of the Court is not sought to be abused by a person who desires to persist with his point of view, almost carrying it to the point of obstinacy, by filling a series of petitions refusing to accept the Court's earlier decisions as concluding the point. We say this because when we drew the attention of the petitioner to earlier decisions of this Court, he brushed them aside, without so much as showing willingness to deal with them and without giving them a second look, as having become stale and irrelevant by passage of time and challenged their correctness on the specious plea that they needed reconsideration. Except for saying that they needed reconsideration he had no answer to the correctness of the decisions. Such a casual approach to considered decisions of this Court even by a person well-versed in law would not be countenanced. Instead, as pointed out earlier, he referred to decisions having no bearing on the question, like the decisions on cow slaughter cases, freedom of speech and expresssion, uniform civil code, etc., we need say no more except to point out that indiscriminate of this important lever of public interest litigation would blunt the lever itself."
In Balco Employees' Union (Regd.) v. Union of India reported in 2002 (2) SCC 333, the Hon'ble Supreme Court, held that, "Public interest litigation, or PIL as it is more commonly known, entered the Indian judicial process in 1970. It will not be incorrect to say that it is primarily the judges who have innovated this type of litigation as there was a dire need for it. At that stage, it was intended to vindicate public interest where fundamental and other rights of the people who were poor, ignorant or in socially or economically disadvantageous position and were unable to seek legal redress were required to be espoused. PIL was not meant to be adversial in nature and was to be a cooperative and collaborative effort of the parties and the court so as to secure justice for the poor and the weaker sections of the community who were not in a position to protect their own interests. Public interest litigation was intended to mean nothing more than what words themselves said viz. "litigation in the interest of the public." In Ashok Kumar Pandey v. State of W.B., reported in 2004 (3) SCC 349, the Hon'ble Apex Court, after considering few decisions, on the aspect of public interest litigation, observed as follows:
"4. When there is material to show that a petition styled as a public interest litigation is nothing but a camouflage to foster personal disputes, said petition is to be thrown out. Before we grapple with the issue involved in the present case, we feel it necessary to consider the issue regarding public interest aspect. Public Interest Litigation which has now come to occupy an important field in the administration of law should not be "publicity interest litigation" or "private interest litigation" or "politics interest litigation" or the latest trend "paise income litigation". If not properly regulated and abuse averted it becomes also a tool in unscrupulous hands to release vendetta and wreck vengeance, as well. There must be real and genuine public interest involved in the litigation and not merely an adventure of knight errant or poke ones into for a probe. It cannot also be invoked by a person or a body of persons to further his or their personal causes or satisfy his or their personal grudge and enmity. Courts of justice should not be allowed to be polluted by unscrupulous litigants by resorting to the extraordinary jurisdiction. A person acting bona fide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the Court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration. These aspects were highlighted by this Court in The Janta Dal v. H.S.Chowdhary [1992 (4) SCC 305] and Kazi Lhendup Dorji vs. Central Bureau of Investigation (1994 Supp (2) SCC 116). A writ petitioner who comes to the Court for relief in public interest must come not only with clean hands like any other writ petitioner but also with a clean heart, clean mind and clean objective. See Ramjas Foundation v. Union of India (AIR 1993 SC 852) and K.R.Srinivas v. R.M.Premchand (1994 (6) SCC 620).
5. It is necessary to take note of the meaning of expression 'public interest litigation'. In Strouds Judicial Dictionary, Volume 4 (IV Edition), 'Public Interest' is defined thus:
"Public Interest (1) a matter of public or general interest does not mean that which is interesting as gratifying curiosity or a love of information or amusement but that in which a class of the community have a pecuniary interest, or some interest by which their legal rights or liabilities are affected."
6. In Black's Law Dictionary (Sixth Edition), "public interest" is defined as follows :
"Public Interest something in which the public, or some interest by which their legal rights or liabilities are affected. It does not mean anything the particular localities, which may be affected by the matters in question. Interest shared by national government...."
7. In Janata Dal case (supra) this Court considered the scope of public interest litigation. In para 52 of the said judgment, after considering what is public interest, has laid down as follows :
"The expression 'litigation' means a legal action including all proceedings therein initiated in a Court of law for the enforcement of right or seeking a remedy. Therefore, lexically the expression "PIL" means the legal action initiated in a Court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected."
8. In paras 60, 61 and 62 of the said judgment, it was pointed out as follows:
"Be that as it may, it is needless to emphasis that the requirement of locus standi of a party to a litigation is mandatory, because the legal capacity of the party to any litigation whether in private or public action in relation to any specific remedy sought for has to be primarily ascertained at the threshold."
9. In para 96 of the said judgment, it has further been pointed out as follows:
"While this Court has laid down a chain of notable decisions with all emphasis at their command about the importance and significance of this newly developed doctrine of PIL, it has also hastened to sound a red alert and a note of severe warning that Courts should not allow its process to be abused by a mere busy body or a meddlesome interloper or wayfarer or officious intervener without any interest or concern except for personal gain or private profit or other oblique consideration."
10. In subsequent paras of the said judgment, it was observed as follows:
"109. It is thus clear that only a person acting bona fide and having sufficient interest in the proceeding of PIL will alone have as locus standi and can approach the Court to wipe out the tears of the poor and needy, suffering from violation of their fundamental rights, but not a person for personal gain or private profit or political motive or any oblique consideration. Similarly a vexatious petition under the colour of PIL, brought before the Court for vindicating any personal grievance, deserves rejection at the threshold".
11. It is depressing to note that on account of such trumpery proceedings initiated before the Courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of the genuine litigants. Though we spare no efforts in fostering and developing the laudable concept of PIL and extending our long arm of sympathy to the poor, the ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievance go unnoticed, un-represented and unheard; yet we cannot avoid but express our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties worth hundreds of millions of rupees and criminal cases in which persons sentenced to death facing gallows under untold agony and persons sentenced to life imprisonment and kept in incarceration for long years, persons suffering from undue delay in service matters - government or private, persons awaiting the disposal of cases wherein huge amounts of public revenue or unauthorized collection of tax amounts are locked up, detenu expecting their release from the detention orders etc. etc. are all standing in a long serpentine queue for years with the fond hope of getting into the Courts and having their grievances redressed, the busy bodies, meddlesome interlopers, wayfarers or officious interveners having absolutely no public interest except for personal gain or private profit either of themselves or as a proxy of others or for any other extraneous motivation or for glare of publicity break the queue muffing their faces by wearing the mask of public interest litigation and get into the Courts by filing vexatious and frivolous petitions and thus criminally waste the valuable time of the Courts and as a result of which the queue standing outside the doors of the court never moves, which piquant situation creates frustration in the minds of the genuine litigants and resultantly they loose faith in the administration of our judicial system.
12. Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens. The attractive brand name of public interest litigation should not be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not publicity oriented or founded on personal vendetta. As indicated above, Court must be careful to see that a body of persons or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. The Court must not allow its process to be abused for oblique considerations. Some persons with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives. Often they are actuated by a desire to win notoriety or cheap popularity. The petitions of such busy bodies deserve to be thrown out by rejection at the threshold, and in appropriate cases with exemplary costs.
13. The Council for Public Interest Law set up by the Ford Foundation in USA defined the "public interest litigation" in its report of Public Interest Law, USA, 1976 as follows:
"Public Interest Law is the name that has recently been given to efforts provide legal representation to previously unrepresented groups and interests. Such efforts have been undertaken in the recognition that ordinary market place for legal services fails to provide such services to significant segments of the population and to significant interests. Such groups and interests include the proper environmentalists, consumers, racial and ethnic minorities and others."
14. The Court has to be satisfied about (a) the credentials of the applicant; (b) the prima facie correctness or nature of information given by him; (c) the information being not vague and indefinite. The information should show gravity and seriousness involved. Court has to strike balance between two conflicting interests; (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive actions. In such case, however, the Court cannot afford to be liberal. It has to be extremely careful to see that under the guise of redressing a public grievance, it does not encroach upon the sphere reserved by the Constitution to the Executive and the Legislature. The Court has to act ruthlessly while dealing with imposters and busy bodies or meddlesome interlopers impersonating as public-spirited holy men. They masquerade as crusaders of justice. They pretend to act in the name of Pro Bono Publico, though they have no interest of the public or even of their own to protect.
15. Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice and refuse to interfere where it is against the social interest and public good. (See State of Maharastra v. Prabhu [(1994 (2) SCC 481)] and Andra Pradesh State Financial Corporation v. M/s.GAR Re-Rolling Mills and Another [AIR 1994 SC 2151]. No litigant has a right to unlimited drought on the Court time and public money in order to get his affairs settled in the manner as he wishes. Easy access to justice should not be misused as a licence to file misconceived and frivolous petitions. [See Buddhi Kota Subbarao (Dr.) v. K.Parasaran, (1996) 7 JT 265]. Today people rush to Courts to file cases in profusion under this attractive name of public interest. They must inspire confidence in Courts and among the public.
16. As noted supra, a time has come to weed out the petitions, which though titled as public interest litigations are in essence something else. It is shocking to note that Courts are flooded with large number of so called public interest litigations where even a minuscule percentage can legitimately be called as public interest litigations. Though the parameters of public interest litigation have been indicated by this Court in large number of cases, yet unmindful of the real intentions and objectives, Courts are entertaining such petitions and wasting valuable judicial time which, as noted above, could be otherwise utilized for disposal of genuine cases. Though in Dr.Duryodhan Sahu and Ors., v. Jitendra Kumar Mishra and Ors., (AIR 1999 SC 114), this Court held that in service matters PILs should not be entertained, the inflow of so- called PILs involving service matters continues unabated in the Courts and strangely are entertained. The least the High Courts could do is to throw them out on the basis of the said decision. The other interesting aspect is that in the PILs, official documents are being annexed without even indicating as to how the petitioner came to possess them. In one case, it was noticed that an interesting answer was given as to its possession. It was stated that a packet was lying on the road and when out of curiosity the petitioner opened it, he found copies of the official documents. Whenever such frivolous pleas are taken to explain possession, the Court should do well not only to dismiss the petitions but also to impose exemplary costs. It would be desirable for the Courts to filter out the frivolous petitions and dismiss them with costs as afore-stated so that the message goes in the right direction that petitions filed with oblique motive do not have the approval of the Courts.
17. ..........
18. In S.P.Gupta v. Union of India [1981 Supp. SCC 87], it was emphatically pointed out that the relaxation of the rule of locus standi in the field of PIL does not give any right to a busybody or meddlesome interloper to approach the Court under the guise of a public interest litigant. He has also left the following note of caution: (SCC p.219, para 24) "But we must be careful to see that the member of the public, who approaches the court in cases of this kind, is acting bona fide and not for personal gain or private profit or political motivation or other oblique consideration. The court must not allow its process to be abused by politicians and others to delay legitimate administrative action or to gain a political objective."
19. In State of H.P. vs. A Parent of a Student of Medical College, Simla and Ors. (1985 (3) SCC 169), it has been said that public interest litigation is a weapon which has to be used with great care and circumspection.
20. Khalid, J. in his separate supplementing judgment in Sachidanand Pandey vs. State of W.B., (1987 (2) SCC 295, 331) said:
"Today public spirited litigants rush to courts to file cases in profusion under this attractive name. They must inspire confidence in courts and among the public. They must be above suspicion. (SCC p. 331, para 46) * * * Public interest litigation has now come to stay. But one is led to think that it poses a threat to courts and public alike. Such cases are now filed without any rhyme or reason. It is, therefore, necessary to lay down clear guidelines and to outline the correct parameters for entertainment of such petitions. If courts do not restrict the free flow of such cases in the name of public interest litigations, the traditional litigation will suffer and the courts of law, instead of dispensing justice, will have to take upon themselves administrative and executive functions. (SCC p.334, para 59) * * * I will be second to none in extending help when such help is required. But this does not mean that the doors of this Court are always open for anyone to walk in. It is necessary to have some self- imposed restraint on public interest litigants." (SCC p.335, para 61)
21. Sabyasachi Mukharji, J. (as he then was) speaking for the Bench in ramsharan Autyanuprasi v. Union of India (1989 Supp (1) SCC 251), was in full agreement with the view expressed by Khalid, J. in Sachidanand Pandey's case (supra) and added that 'public interest litigation' is an instrument of the administration of justice to be used properly in proper cases. [See also separate judgment by Pathak, J. (as he then was) in Bandhua Mukti Morcha v. Union of India (1984 (3) SCC 161).
22. Sarkaria, J. in Jasbhai Motibhai Desai v. Roshan Kumar (1976 (1) SCC 671) expressed his view that the application of the busybody should be rejected at the threshold in the following terms: (SCC p. 683, para 37) "It will be seen that in the context of locus standi to apply for a writ of certiorari, an applicant may ordinarily fall in any of these categories : (i) 'person aggrieved'; (ii) 'stranger'; (iii) busybody or meddlesome interloper. Persons in the last category are easily distinguishable from those coming under the first two categories. Such persons interfere in things which do not concern them. They masquerade as crusaders for justice. They pretend to act in the name of pro bono publico, though they have no interest of the public or even of their own to protect. They indulge in the pastime of meddling with the judicial process either by force of habit or from improper motives. Often, they are actuated by a desire to win notoriety or cheap popularity; while the ulterior intent of some applicants in this category, may be no more than spoking the wheels of administration. The High Court should do well to reject the applications of such busybodies at the threshold."
23. Krishna Iyer, J. in Fertilizer Corpn. Kamgar Union (Regd.) v. Union of India (1981 (1) SCC 568) in stronger terms stated: (SCC p.589, para 48) "48. If a citizen is no more than a wayfarer or officious intervener without any interest or concern beyond what belongs to any one of the 660 million people of this country, the door of the court will not be ajar for him."
24. In Chhetriya Pardushan Mukti Sangharash Samiti v. State of U.P., (1990 (4) SCC 449), Sabyasachi Mukharji, C.J. observed: (SCC p.452, para 8) "While it is the duty of this Court to enforce fundamental rights, it is also the duty of this Court to ensure that this weapon under Article 32 should not be misused or permitted to be misused creating a bottleneck in the superior court preventing other genuine violation of fundamental rights being considered by the court."
25. In Union Carbid Corporation v. Union of India (1991 (4) SCC 584, 610), Ranganath Mishra, C.J. in his separate judgment while concurring with the conclusions of the majority judgment has said thus: (SCC p.610, para 21) "I am prepared to assume, nay, concede, that public activists should also be permitted to espouse the cause of the poor citizens but there must be a limit set to such activity and nothing perhaps should be done which would affect the dignity of the Court and bring down the serviceability of the institution to the people at large. Those who are acquainted with jurisprudence and enjoy social privilege as men educated in law owe an obligation to the community of educating it properly and allowing the judicial process to continue unsoiled." 26 In Subhash Kumar v. State of Bihar, (1991 (1) SCC 598) it was observed as follows:
"Public interest litigation cannot be invoked by a person or body of persons to satisfy his or its personal grudge and enmity. If such petitions under Article 32, are entertained it would amount to abuse of process of the court, preventing speedy remedy to other genuine petitioners from this Court. Personal interest cannot be enforced through the process of this Court under Article 32 of the Constitution in the garb of a public interest litigation. Public interest litigation contemplates legal proceeding for vindication or enforcement of fundamental rights of a group of persons or community which are not able to enforce their fundamental rights on account of their incapacity, poverty or ignorance of law. A person invoking the jurisdiction of this Court under Article 32 must approach this Court for the vindication of the fundamental rights of affected persons and not for the purpose of vindication of his personal grudge or enmity. It is the duty of this Court to discourage such petitions and to ensure that the course of justice is not obstructed or polluted by unscrupulous litigants by invoking the extraordinary jurisdiction of this Court for personal matters under the garb of the public interest litigation".
27. In the words of Bhagwati, J. (as he then was) "the courts must be careful in entertaining public interest litigations" or in the words of Sarkaria, J. "the applications of the busybodies should be rejected at the threshold itself" and as Krishna Iyer, J. has pointed out, "the doors of the courts should not be ajar for such vexatious litigants"."
In Vikas Vashishth v. Allahabad High Court reported in 2004 (13) SCC 485, the Hon'ble Supreme Court held as follows:
"At the very outset, we put it to the petitioner that a bare perusal of the petition shows that it is based entirely on newspaper reports and asked him whether before filing the petition he has taken care to verify the facts personally. His answer is in the negative. In the writ petition all the 21 High Courts have been included as respondents and Union of India has also been impleaded as the 22nd respondent. We asked the petitioner what has provoked him to implead all the High Courts as respondents and he states that it is his apprehension that similar incidents may occur in other High Courts though there is no factual foundation for such appreciation.
5. After affording the full opportunity of hearing, we are satisfied that what purports to have been filed as a public interest litigation is nothing more than a "publicity interest litigation". It is writ large that it has been filed without any effort at verifying the facts by the petitioner personally."
In R & M.Trust v. Koramangala Residents Vigilance Group reported in 2005 (3) SCC 91, the Hon'ble Supreme Court, at Paragraphs 23 and 24, observed as follows:
"23. Next question is whether such Public Interest Litigation should at all be entertained & laches thereon. This sacrosanct jurisdiction of Public Interest Litigation should be invoked very sparingly and in favour of vigilant litigant and not for the persons who invoke this jurisdiction for the sake of publicity or for the purpose of serving their private ends.
24. Public Interest Litigation is no doubt a very useful handle for redressing the grievances of the people but unfortunately lately it has been abused by some interested persons and it has brought very bad name. Courts should be very very slow in entertaining petitions involving public interest in a very rare cases where public at large stand to suffer. This jurisdiction is meant for the purpose of coming to the rescue of the down trodden and not for the purpose of serving private ends. It has now become common for unscrupulous people to serve their private ends and jeopardize the rights of innocent people so as to wreak vengeance for their personal ends. This has become very handy to the developers and in matters of public contracts. In order to serve their professional rivalry they utilize the service of the innocent people or organization in filing public interest litigation. The Courts are sometimes persuaded to issue certain directions without understanding implication and giving a handle in the hands of the authorities to misuse it. Therefore, the courts should not exercise this jurisdiction lightly but should exercise in a very rare and few cases involving public interest of large number of people who cannot afford litigation and are made to suffer at the hands of the authorities."
In Gurpal Singh v. State of Punjab reported in 2005 (5) SCC 136, the Hon'ble Apex Court, while considering the scope of a petition styled as a public interest litigation, held as follows:
"5. The scope of entertaining a petition styled as a public interest litigation, locus standi of the petitioner particularly in matters involving service of an employee has been examined by this court in various cases. The Court has to be satisfied about (a) the credentials of the applicant; (b) the prima facie correctness or nature of information given by him; (c) the information being not vague and indefinite. The information should show gravity and seriousness involved. Court has to strike balance between two conflicting interests; (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive actions. In such case, however, the Court cannot afford to be liberal. It has to be extremely careful to see that under the guise of redressing a public grievance, it does not encroach upon the sphere reserved by the Constitution to the Executive and the Legislature. The Court has to act ruthlessly while dealing with imposters and busy bodies or meddlesome interlopers impersonating as public-spirited holy men. They masquerade as crusaders of justice. They pretend to act in the name of Pro Bono Publico, though they have no interest of the public or even of their own to protect.
6. .....
7. As noted supra, a time has come to weed out the petitions, which though titled as public interest litigations are in essence something else. It is shocking to note that Courts are flooded with large number of so called public interest litigations where even a minuscule percentage can legitimately be called as public interest litigations. Though the parameters of public interest litigation have been indicated by this Court in large number of cases, yet unmindful of the real intentions and objectives, High Courts are entertaining such petitions and wasting valuable judicial time which, as noted above, could be otherwise utilized for disposal of genuine cases. Though in Dr. Duryodhan Sahu and Ors. v. Jitendra Kumar Mishra and Ors. (AIR 1999 SC 114), this Court held that in service matters PILs should not be entertained, the inflow of so-called PILs involving service matters continues unabated in the Courts and strangely are entertained. The least the High Courts could do is to throw them out on the basis of the said decision. The other interesting aspect is that in the PILs, official documents are being annexed without even indicating as to how the petitioner came to possess them. In one case, it was noticed that an interesting answer was given as to its possession. It was stated that a packet was lying on the road and when out of curiosity the petitioner opened it, he found copies of the official documents. Whenever such frivolous pleas are taken to explain possession, the Court should do well not only to dismiss the petitions but also to impose exemplary costs. It would be desirable for the Courts to filter out the frivolous petitions and dismiss them with costs as afore-stated so that the message goes in the right direction that petitions filed with oblique motive do not have the approval of the Courts.
8. ......
9. It is depressing to note that on account of such trumpery proceedings initiated before the Courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of the genuine litigants. Though we spare no efforts in fostering and developing the laudable concept of PIL and extending our long arm of sympathy to the poor, the ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievance go unnoticed, un-represented and unheard; yet we cannot avoid but express our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties worth hundreds of millions of rupees and substantial rights and criminal cases in which persons sentenced to death facing gallows under untold agony and persons sentenced to life imprisonment and kept in incarceration for long years, persons suffering from undue delay in service matters - government or private, persons awaiting the disposal of tax cases wherein huge amounts of public revenue or unauthorized collection of tax amounts are locked up, detenu expecting their release from the detention orders etc. etc. are all standing in a long serpentine queue for years with the fond hope of getting into the Courts and having their grievances redressed, the busy bodies, meddlesome interlopers, wayfarers or officious interveners having absolutely no real public interest except for personal gain or private profit either of themselves or as a proxy of others or for any other extraneous motivation or for glare of publicity break the queue muffing their faces by wearing the mask of public interest litigation and get into the Courts by filing vexatious and frivolous petitions of luxury litigants who have nothing to loose but trying to gain for nothing and thus criminally waste the valuable time of the Courts and as a result of which the queue standing outside the doors of the court never moves, which piquant situation creates frustration in the minds of the genuine litigants.
10. Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens. The attractive brand name of public interest litigation should not be allowed to be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not publicity oriented or founded on personal vendetta. As indicated above, Court must be careful to see that a body of persons or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. The Court must not allow its process to be abused for oblique considerations by masked phantoms who monitor at times from behind. Some persons with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives and try to bargain for a good deal as well to enrich themselves. Often they are actuated by a desire to win notoriety or cheap popularity. The petitions of such busy bodies deserve to be thrown out by rejection at the threshold, and in appropriate cases with exemplary costs."
In Common Cause (A Regd. Society) v. Union of India reported in 2008 (5) SCC 511, Hon'ble Mr. Justice Markandey Katju, held as follows:
"59. Unfortunately, the truth is that PILs are being entertained by many courts as a routine and the result is that the dockets of most of the superior courts are flooded with PILs, most of which are frivolous or for which the judiciary has no remedy. As stated in Dattaraj Nathuji Thaware v. State of Maharastra reported in AIR 2005 SC 540, public interest litigation has nowadays largely become 'publicity interest litigation', 'private interest litigation', or 'politics interest litigation' or the latest trend 'paise income litigation'. Much of P.I.L. is really blackmail.
60. Thus, Public Interest Litigation which was initially created as a useful judicial tool to help the poor and weaker section of society who could not afford to come to courts, has, in course of time, largely developed into an uncontrollable Frankenstein and a nuisance which is threatening to choke the dockets of the superior courts obstructing the hearing of the genuine and regular cases which have been waiting to be taken up for years together."
In the same judgment, concurring with the view of his Brother Judge, Hon'ble Mr. Justice H.K.Sema (as he then was), further added, as follows:
"69. Therefore, whether to entertain the petition in the form of Public Interest Litigation either represented by public-spirited person; or private interest litigation in the guise of public interest litigation; or publicity interest litigation; or political interest litigation is to be examined in the facts and circumstances recited in the petition itself. I am also of the view that if there is a buffer zone unoccupied by the legislature or executive which is detrimental to the public interest, judiciary must occupy the field to subserve public interest. Therefore, each case has to be examined on its own facts."
In Adarsh Shiksha Mahavidyalaya v. Subhash Rahangdale reported in 2012 (2) SCC 425, the Hon'ble Supreme Court observed as follows:
"57. In the light of the above, we shall first consider whether the High Court committed an error by entertaining the writ petition filed by Subhash Rahangdale as public interest litigation. This Court has, time and again, laid down guiding principles for entertaining petitions filed in public interest. However, for the purpose of deciding the appellants' objection it is not necessary to advert to the plethora of precedents on the subject because in State of Uttaranchal v. Balwant Singh Chaufal (2010) 3 SCC 402, a two-Judge Bench discussed the development of law relating to public interest litigation and reiterated that before entertaining such petitions, the Court must feel satisfied that the petitioner has genuinely come forward to espouse public cause and his litigious venture is not guided by any ulterior motive or is not a publicity gimmick.
58. In paragraphs 96 to 104, the Bench discussed Phase-III of the public interest litigation in the context of transparency and probity in governance, referred to the judgments in Vineet Narain v. Union of India (1998) 1 SCC 226, Centre for Public Interest Litigation v. Union of India (2003) 7 SCC 532, Rajiv Ranjan Singh "Lalan" (VIII) v. Union of India (2006) 6 SCC 613, M.C. Mehta v. Union of India (2007) 1 SCC 110, M.C. Mehta v. Union of India (2008) 1 SCC 407 and observed:
"These are some of the cases where the Supreme Court and the High Courts broadened the scope of public interest litigation and also entertained petitions to ensure that in governance of the State, there is transparency and no extraneous considerations are taken into consideration except the public interest. These cases regarding probity in governance or corruption in public life dealt with by the courts can be placed in the third phase of public interest litigation."
59. Reference also deserves to be made to the judgment of the three-Judge Bench in Shivajirao Nilangekar Patil v. Dr. Mahesh Madhav Gosavi (1987) 1 SCC 227 in which a new dimension was given to the power of the Superior Courts to make investigation into the issues of public importance even though the petitioner may have moved the Court for vindication of a private interest. In that case the High Court had entertained a writ petition filed by Assistant Medical Officer of K.E.M. Hospital, Bombay questioning the assessment of answer sheets of the Post Graduate Medical Examinations held by the Bombay University in October 1985. He alleged malpractices in the evaluation of the answer sheets of the daughter of the appellant who, at the relevant time, was Chief Minister of the State. The learned Single Judge held that altering and tampering of the grade sheets was done by Dr. Rawal at the behest of the Chief Minister. The Division Bench affirmed the order of the learned Single Judge with some modification.
60. While rejecting the objection raised on behalf of the appellant that the writ petition filed by the respondent cannot be treated as a petition filed in public interest, this Court observed:
"The allegations made in the petition disclose a lamentable state of affairs in one of the premier universities of India. The petitioner might have moved in his private interest but enquiry into the conduct of the examiners of the Bombay University in one of the highest medical degrees was a matter of public interest. Such state of affairs having been brought to the notice of the Court, it was the duty of the Court to the public that the truth and the validity of the allegations made be inquired into. It was in furtherance of public interest that an enquiry into the state of affairs of public institution becomes necessary and private litigation assumes the character of public interest litigation and such an enquiry cannot be avoided if it is necessary and essential for the administration of justice." (emphasis supplied)
29. Going through the pronouncements of the Hon'ble Supreme Court in the abovesaid judgments, we are of the view that it is the first and foremost duty of a probono litigant to show that he has taken efforts to obtain information required, to be placed before a Court, furnish material facts, and substantiate the cause for a bonafide public interest litigation. Explaining the distinction between pleadings and proof, required in a writ petition filed under Article 226 of the Constitution of India and pleadings in the Civil Court, the Hon'ble Supreme Court at paragraph No.13, in Bharat Singh and Others Vs. State of Haryana and Others, reported in 1988 (4) SCC 534, held as follows:
".... In our opinion, when a point which is ostensibly a point of law is required to be substantiated by facts, the party raising the point, if he is the writ petitioner, must plead and prove such facts by evident which must appear from the writ petition and if he is the respondent, from the counter-affidavit. If the facts are not pleaded or the evidence in support of such facts is not annexed to the writ petition or to the counter-affidavit, as the case may be, the court will not entertain the point. In this context, it will not be out of place to point out that in this regard there is a distinction between a pleading under the Code of Civil Procedure and a writ petition or a counter-affidavit. While in a pleading, that is, a plaint or a written statement, the facts and not evidence are required to be pleaded, in a writ petition or in the counter-affidavit not only the facts but also the evidence in proof of such facts have to be pleaded and annexed to it."
30. In the light of the decisions and discussion, there is no merit in the writ petition and the same is dismissed. No costs.
(S.M.K., J) (S.P., J.)
24.09.2018
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SUBRAMONIUM PRASAD, J.
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W.A.No.23231 of 2018
24.09.2018