A.P.T.V. Chamber of Commerce Welfare Society Vs. Director, Doordarshan Kendra, Hyd. and Another - Court Judgment

1. The petitioner, A.P.T.V. Chamber of Commerce Welfare Society, represented by its General Secretary, K.V. Pradeep Kumar, has filed this writ petition to issue a writ of mandamus directing the respondent No.1 to telecast the serialswhich were selected on 1-9-1994 by therespondent No. 1 's Organisation, Doordarshan Kendra, Ramanthapur, Hyderabad.

2. The petitioner has stated in his affidavit that the petitioner-society is a registered one with an object to see the interest and welfare of all its members those who are Artists, Cameraman, Makeupman, Producers, Directors and all other persons involved in the making of television serials. It is further averred that the petitioners Society is the only society working for the interest and upliftment of persons who are connected with producing television serials and the strength of the Society is 900 members. Due to the competition in electronic media, the Government of India have decided to improve the quality of Doordarshan programmes and made Rules for the selection of television programmes. Accordingly, the Doordarshan has called for sponsored serials in the year 1991, in response to which as many as 1874 serials were submitted to the respondent No.1 for selection. As per the procedure, the applicants have to pay Rs.1,000/- as processing fee and detailed script of the serial, consent letter and credentials of the producer, Director shall be accompanied. It is further stated that the respondent No.1 has constituted three committees consisting of galaxy of professionals, eminent personalities from film and television media, great writers and famous artists, novelists, etc., to select best programmes to be telecasted in the Doordarshan. Accordingly, the committee selected 194 serials which were divided into different categories and allotted time slot for each category as under:

1Children interestSunday 12.00 Noon.2.Classics NovelsWednesday 7.00 p.m. or 8.30 p.m.3.Comedy serialsFriday 8.00 p.m. or 9.00 p.m.4.Detective serialsThursday 8.00 p.m. or 9.00 p.m.5.DocumentariesFriday 7.00 p.m. or 8.30 p.m.6.Family serialsMonday 8.00 p.m. er 9.00 p.m.7.Historical/CulturalThursday 7.00 p.m. or 8.30 p.m.8.Socially relevant environmentThursday 7.00 p.m. or 8.30 p.m.9.QuizMonday 7.00 p.m, or 8.30 p.m.10.Short storiesThursday 6.00 p.m. or 9.00 p.m.

As per the above time slots alotted to the selected serials, the respondent shall have no authority to distrub the time slots and the other remaining time slots shall be used by the respondent No.1's in house programmes and other programmes. If the respondent intends to telecast any serial, it should be telecasted from the above selected serials which were selected on 1-9-1994, but it is alleged, contrary to the above procedure, the respondent No.1 has adopted own rules and regulations and the respondent No.1 is not telecasting the serials selected by the Committee in the following time slots:

1.Sunday 12.00 NoonTime slot totally allotted to new serial which is not selected by the committee.2.Thursday 8.00/9.00 p.m.Totally allotted the inhouse programing of respondent No.1.3.Monday 8.00/9.00 p.m.-do-

Therefore, it is contended by the petitioner that the respondents have violated the Rules and Regulations framed in the interest of viewers and the respondents have cancelled the time slot allotted to the selected programmes and started telecasting inhouse programmes of respondent No. 1. The time allotted to inhouse programme being telecasted their personal interested programmes, which is contrary to their own Rules and Regulations framed by themselves in the interest of viewers and they have cancelled the time slot allotted to the selected programmes and started telecasting inhouse programmes of respondent No.1. The time allotted to inhouse programme beingtelecasted their personal interested programmes. It is further alleged against the respondent No.1 that in collusion with other producers for their personal benefits, it is telecasting the following serials without following any procedures, Rules and Regulations :-

1.Chilram Bhale Vichitram12.00 noon on Sundays.2.Ragalu Saragalu12.30 pm to 1.00 p.m. Sundays.3.Abhinetfi8.30 am to 9.00 am Sundays.4.Deshamante Malti Kadoi6.30 am on Sundays.5.Rutu Ragalu4.30 am 10 5.00 am on every day from Monday to Friday.6.Swarna Bharaihi Ki Chitra Karathi.12.25 pm to 12.35 pm on every Sunday.

The petitioner has also made general allegations against the respondent No.1's organisation in telecasting the programmes, without filing any supporting material to substantiate the allegations.

3. In reply to the above averments, contentions and allegations the respondents have filed their counter affidavit, stating that the Doordarshan has constituted a panel of 24 members to evaluate the scripts received under New Sponsorship Scheme of 1991, who are qualified and experienced to judge the quality of programmes. The Doordarshan Kendra has provisionally selected 193 serials on 1-9-1994 out of 1874 serials, but not 194 as stated by the petitioner in his affidavit, out of 193 provisionally approved scripts, only 188 producers have submitted the pilots and 5 produces could not submit any pilot by the prescribed last date. Based on the quality of the production 151 serials have been finally approved and they are divided into ten categories and scheduled for telecast based on Computer Random Generation Method in each category. It is further stated that there is nospecific rule binding that only those programmes should be telecast in the originally allotted slots. Based on the programme Agencies, the particular slots have been earmarked at that time and the Doordarshan has got the right to change the slots and timings based on the programme priorities of Prasara Bharati and revenue earning targets of the Prasara Bharathi from time to time. Accordingly, certain changes have been made as under:

'..(i) Sunday 12 Noon: Originally children category programmes had been allotted in this slot. But No.1 Producer in this Children Category List who have been allotted this time slot could not utilize the same. Even the second and third Sponsored Serial Producers in this slot could not utilize the slot due to lack of Sponserers forfiction based programmes on Sundays. Consequently, the Category has been shifted to evening prime time slot. The Second and Third Producers were able to utilize their programme when the slot was shifted from Sunday 12 Noon to Tuesday 7.30 pm only. It is for the kind information that commercially Sunday 12 noon slot is non prime time slot and the time shifting from 12 noon on Sunday to 7.30 pm on Tuesday evening (which is a commercially prime time slot) is a gain to the Producer (Annexure-I and II) . The shift enabled the Producer to get sponser in Prime time slot than the Non-Prime time slot where he could not telecast his programme earlier. Hence, the interests of all the Children Category Producers have been protected by Doordarshan as this prime slot enabled the Producer to get more value for his Free Commercial Time (called FCT) from Rs.10,000/- per ten seconds in Non-Prime Time Slot i.e., Sunday 12 noon to Rs. 15,000/- per ten seconds in Prime Time Slot i.e., Evening 7.30 pm Slot.

(ii) Thursday 8 p.m./9 p.m.: As per the policy of Prasara Bharati this Kendra hasbeen intimated by Directorate vide their Lr.No.17/9/96-P-3 dated 4-2-1997 and Fax dated 19-6-1997 (Annexure III) that two Sponsored Serials have to be telecast by Doordarshan in a week about Specific Programmes on 50 years of Indian Independance. Accordingly this Kendra allotted the Time Slot on Thursdays at 8 p.m. on all Thursdays from 14-8-1997 onwards after the completion of the Category of Short Stories serials in this slot. And the Second Slot on 12.25 pm to 12.35 pm slot was allotted to the second short serial on Sponsored Basis on 50 years of Indian Independence without disturbing any time slot.

(iii) Monday 8 p.m/9 p.m.: As per the Directorate instructions and in accordance with the Prasara Bharati Policies fifty two episodes depicitng the history of Freedom Movement and the development during the last 50 years have been commissioned by Doordarshan to eminent Producers of Andhra Pradesh in commemoration with the Golden Jubilee Celebrations of the country on different subjects. These programmes were slotted by Doordarshan Directorate on Every Monday at 8 p.m. vide their Lr.No. CP/ MSO/97-P VIII dated 1-8-1997 to maintain an uniformity in all the Kendras starting from 11-8-1997 (Annexure IV). Accordingly, the Family Category has been shifted to Thursdays at 7-30 p.m. and clubbed with Historical Category and all programmes in both categories are being telecast alternatively as per their priorities in each category. All the above changes were done in Public Interest and not a single complaint has been received from any concerned Producer or neither Family nor Historical Category.

4. The respondents have denied the allegations of the petitioner that the respondent No.1 has violated the Rules and Regulations and also the allegations thatpersonal interest programmes are being telecast in the above slots, which is highly misconceived by the petitioner, that the petitioner is ignorant of the priorities of Prasara Bharati which is celebrating 50 years of Indian Independence and specialised programmes are meant for celebration. They denied the allegation of the petitioner that all the programmes in particular time slots are being telecast is totally incorrect. Ail the categories of programmes originally selected in the New Sponsorship Scheme are being telecast during the evening Prime Time slots and certain categories of serials like Quiz short stories and detective were already exhausted and the categories were suitably adjusted on different slots of Prime Time only and being telecast as per their earlier allotted priorities. The responsibility of selection and suitability of programmes for' Doordarshan was entrusted to the Director of the Kendra and the same practice is being followed in other Doordarshan Kendras as well. It is further submitted by the respondents that the revenue target for the Kendra for the financial year 1997-98 was fixed at Rs.35 crores. Accordingly number of additional programmes are being planned to meet the competition with the other channels as well as to increase the revenue earnings as per the instructions of the Directorate. Therefore, the film based programmes on Sundays have been started by the previous Director of the Kendra, Hyderabad, in order to increase the revenue of the Kendra. As per the policy of the Directorate to start daily soaps in all Kendras to popularise Non-Prime Time slots, the Directorate has sanctioned a daily serial entitled ' Ruturagaalu' in Non-Prime Time slot 4-30 pin to 5-00 pm from Monday to Friday, which was wrongly mentioned as from 4-30 am to 5-00 am by the petitioner and the above serial is having quality and is of women oriented theme and was well appreciated by the public as well as press. The petitioner also further submitted that there is also a confusion about a special selection like New Sponsorship Scheme-91and the normal Sponsored Programmes and programmes of Doordarshan which are totally different from 1991 New Sponsored Scheme. The additional programmes which were started in Non-Prime Time to increase the Revenue are also very popular and always figured in the top ten DART Rating of Doordarshan, Hyderabad. Therefore, the respondents finally submit that there are no merits in the writ petition and prayed for dismissal.

5. In the backdrop of the case, let us examine the functions and duties of the Director of the Doordarshan Kendra, as per the provisions of law.

6. In India, on 15th September, 1959, an experimental television station under the overall charge of All India Radio was inaugurated in Delhi and with this the Television came to India. The station catered to a population within the radius of 40 K.M. around New Delhi. It was expected that the television would. soon be extended elsewhere in the country but this could not be done for the next thirteen years. It was only on 2nd October, 1972, another television centre was set up at Bombay. This was followed closely by opening of another centre at Srinagar in Kashmir, on 26th January, 1973 and in September, 1973 a television centre was set up at Amritsar. The Government invited foreign experts to comment on the country's plans to expand television. In 1969, a 15 member UNESCO team headed by John Willings toured the country and submitted detailed recommendations. Meanwhile satellite technology had developed and the Geo-Stationary and Synchoronous satellite came into being in 1963 when the USA commissioned the Sync-on series of Satellite. India entered into an agreement with the NASA for the Satellite Instructional Television Experiment Programme. The next step in the growth of Television in India was taken in the year 1975. The Satellite Instructional Television Experimentwas started on 1st August, 1975, with the facilities of Aoolication Technology Satellite-6, provided in India with one video and two audio systems. This programme was launched in 2400 villages in 6 clusters in Rajasthan, Bihar, Madhya Pradesh, Orissa, Andhra Pradesh and Karnataka.

7. Chapter I of the Doordarslian Manual Volume I, 1987 deals with the organisation and duties of Director General of Doordarshan situated at New Delhi. The Director General is the head of the Organisation and he is assisted by the Additional Director General and Deputy Director Generals, etc., who will lookafter the programme services. The programme services include programme administration also which is relevant to the working of the Directorate and various Kendras.

8. Chapter IV of the same volume deals with the working of the Doordarshan Kendras. Each Doordarshan Kendra is headed by a Director. In Major Kendras, there are Deputy Directors, besides Assistant Station Directors, who look after various aspects of programme work. Similarly there are Deputy Director of Administration, Senior Administrative officer and Administrative Officer to look after Administration and Accounts work.

9. Item 4.2.2 contemplates that the Director is the head of the Kendra. He or she, is responsible for the efficient working of the Kendra and in all its branches. His principal duties are as follows:

(a) He supervises the working of the Kendra in alt aspects.

(b) He allocates duties to the entire programme staff. He directs and supervises their work, guides and advises the programme staff on all matters concerning planning, production and presentation of programmes.

He examines and finally approves all programme schedules.

He suggests the line on which the directions from the Directorate on specific aspects of programmes should be implemented.

He also advises action for short notice programmes on specific local problems of emergent nature affecting the people at large.

He gives final approval to the selectionand engagement of all causal artists engagedby the Kendra. He scrutinises and accordsfinancial sanctions to the payment of fees tothe artists.

(c) Entire staff working at a Doordarshan Kendra is under his control. Certain Administrative and financial powers are delegated to him and as Head of the Kendra he exercises these powers.

He is the appointing and disciplinary authority in respect of Group 'C' and group 'D' staff. He is responsible for preparation of budget and Revised Estimates and exercises full control over the expenditure of the Kendra.

(d) As head of the Kendra he supervises/ monitors the work of all categories of staff of all wings located at a Kendra. This includes programme, news, engineering and administration staff.

(e) He maintains good relations with the State Government and its Department and other Officials.

He attends important meetings held by the State Government to which he is invited. He also attends important functions organised by State Government when some major schemes are launched.

(f) He keeps in close touch with artists, writers, social workers, agriculturists, industrialists, legislatures, scientists andsecures their co-operation in devising and presenting different categories of programmes. He attends important functions organised by some public institutions.

(g) xxxxxx xxxxxxx xxxxxxx

(h) He convenes and conducts meetings of the various Advisory Committees attached to the Kendra. In the event of a Doordarshan Director being the Senior most media Officer in the State, he has to convene, conduct and act as Chairman of the Inter Media Publicity Co-ordination Committee.

10. As seen from the powers and duties attached with the post of Director of a Doordarshan Kendra, he is the head of the Kendra. He is responsible for the efficient working of the Kendra in all branches. He supervises the working of the Kendra in all aspects. He will have overall control of the programmes. He guides and advises the programme staff on all matters concerning planning, production and presentation of the programmes. He suggests the line on which the directions issued from the Directorate on specific aspect of the prgorammes should be implemented. He also advises action for short notice prgorammes on specific local problems of emergent nature affecting the people at large. These are the duties entrusted with the post of Director of a Doordarshan Kendra. Therefore, the Committee constituted by the Director has selected 193 serials out of 1874 on 1-9-1994 and only 188 producers have submitted the pilots and 5 producers could not submit any pilot by the prescribed last date, and based on the quality of the production 151 serials have been finally approved and they were divided into ten categories and scheduled for telecast based on Computer Random Generation Method in each category. As per the policy of Prasar Bharathi, the Directorate, through their letter No-17-9-96-P-3 dated 4-2-1997 issued Fax Communication dated 19-6-1997 that two sponsored serials have to be telecastedby Doordarshan in a week about specific programmmes on 50 years of Indian Independance. Therefore, the Director has to give priority and importance to the serials relating to theme of freedom movement. He, therefore, changed the time slots of the serials selected on 1-9-1994. Accordingly the Kendra allotted the time slot on Thursdays at 8 pm from 14-8-1997 onwards after the completion of the category of short stories, as a special case replacing the already slated serials. As per item 4.2.2. of the said volume, Director is subordinate to the Director Genera! of the Doordarshan Kendra, New Delhi. He has to oblige and change the time slots and it is well within the powers of the Director. Therefore, the allegation that the respondent No.1, in collusion with the other producers for the personal benefits has changed the time slots is unfounded and is not substantiated by any evidence, but on the other hand, it is well within the powers of the Director to meet the exigencies of programming and administration, as the head of the Kendra.

11. As per the functions and duties of the Director, he is the head of finance wing and as the Directorate has fixed the revenue target for the first respondent Kendra at Rs.35 crores during the financial year 1997-98, he has to go to those serials which are revenue generating to the Kendra to meet the said target fixed by the Directorate. Therefore, for this reason also, the action of the Director, first respondent in changing the time slots allotted to the serials selected on 1-9-1994 by the Committee, cannot be said to be arbitrary or with any motives, on the other hand such actions are within the ambit of Chapter IV of the Manual.

12. Moreso, except making allegations in the affidavit, the petitioners have not submitted any material to substantiate the said allegations made by them. Simply making the allegations in the affidavit is notsufficient, but they have to be substantiated by documentary evidence. Therefore, the allegations are rejected and the question of issuing a writ of mandamus directing the respondents to telecast the serials which are selected on 1-9-1994 as per the time, slots allotted to them does not arise. Therefore, in view of what is stated supra, 1 am of the considered view that the Director of Doordarshan Kendra, Hyderabad, is empowered to change the programme time slots to meet the exigencies of the programmes and administration, as the head of the Kendra. Therefore, I see no merits in the writ petition and it is liable to be dismissed and accordingly dismissed. But in the circumstances without costs.