CA No. 6036 of 2003 1

 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  6036 OF 2003

D.G., ALL INDIA RADIO & ANR.    ..... APPELLANTS

VERSUS

PURANAM PURUSHOTHAM SASTRY       ..... RESPONDENT

O R D E R

1. We  have  heard  the  learned  counsel  for  the  

respondent as the appellant's counsel is not present.

2. The claim of the respondent-writ petitioner was  

that in the light of his expertise in the field of  

Carnatic vocal music, he was not required to appear in  

the audition. Reliance ha been placed on the experience  

certificate  dated  20th October,  1971,  issued  on  the  

directions of the Director General, All India Radio,  

which reads as under:

“We are glad to inform you that our  Director General is pleased to exempt you  from  audition  for  the  broadcast  of  classical  vocal  music  (Carnatic).  Broadcast  engagements  will  be  offered  to  you as and when opportunities arise.”

3. Keeping  in  view  the  aforesaid  certificate  and

CA No. 6036 of 2003 2

other material on record, the learned single Judge of  

the High Court issued the following directions:

“The  petitioner  being  77  years  old  and having enormous experience in the vocal  music  field  and  keeping  in  view  the  exemption  certificate  issued  by  the  Director  General  of  the  All  India  Radio,  this  Court  feels  that  subjecting  the  petitioner for audition test is illegal and  arbitrary  and  accordingly,  the  writ  petition  is  disposed  of  directing  the  respondents  to  engage  the  petitioner  for  Classical  vocal  Music  (Carnatic)  duly  paying  the  remuneration  of  the  artist  of  'A'  grade  without  insisting  on  audition  test.  No costs.”

4. This finding has been endorsed by the Division  

Bench with minor modifications.

5. The learned counsel for the respondent who has  

appeared through the Legal Services Committee of this  

Court has pointed out that the respondent is as of now  

87 years of age and in the light of this position, the  

present appeal ought to be dismissed.  We are of the  

opinion that the directions issued on the facts of this  

case by the learned Single Judge and the Division Bench  

of the High Court largely call for no interference but  

the direction to the appellants in the order dated 20th  

November, 2001, “to engage the petitioner for Classical  

Vocal Music (Carnatic) duly paying the remuneration of  

the artist of 'A' Grade without insisting on audition

CA No. 6036 of 2003 3

test.” needs to be modified to the extent that it would  

be open to the appellants keeping in view the present  

state of affairs to engage the respondent as an artist  

of  Carnatic  classical  vocal  music  and  to  pay  him  

remuneration as an 'A' Grade artist.

6. The  appeal  is  disposed  of  with  the  above  

directions.  

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [C.K. PRASAD]

NEW DELHI      MAY 04, 2010.