J. MOHAPATRA & CO AND ANOTHER versus STATE OF ORISSA AND ANOTHER

Citation: [1985] 1 S.C.R. 322 · Decided: 10-08-1984 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Appeal(s) allowed

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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B 
322 
J. MOHAPATRA & CO AND ANOTHER 
v. 
STATE OF ORISSA AND ANOTHER 
August 10, 1984 
[P. N. BHAGWATI AND D. P. MADON, JJ.) 
Education laws and r,1/es-Books for general reading in Schools and 
colleges libraries, and text books selection of by administrative lnstructions-
C 
Challenge to the Constitution of Sub-Comniittee and the method of selection 
adopted-Whether can be 1nade by a person who has neither submitted any 
book or by a perso'l who has submitted his books for selection, out of which a 
few booki only has been selected-Doctrine of locus standl-Justification of 
State's action In constituting a ConltnitJee-Doctrine of bias-Whether an 
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author~member can be a member of any such committee or sub·committee-
Ru'e of Doctrine of necessiry, explained-Sufficiency of guidelines continued 
Contalned ln-Resolution of the Government dated Noven1ber 
24, 1983-
Guidelines prescribed by the Supreme Court. 
Selection of text-books and books for reading to be kept in school 
and college libraries is a matter of vital importance to the imparting of 
proper fducatio:i. 
Such selection must depend upon the ability and fitness 
for the rtrpose of those who are ch:i.rged with that responsibility. 
111 the 
State of Orissa, there was no statutory rule or regulatio'n prescribing the 
procedure for selection of books for general reading to be kept in school 
and college libraries, except the State Government's periodical administrative 
instructions in the form of resolutions constituting committees namely, an 
Assessment Sub-Comn1ittee, a Distribution Sub-Comn1ittce and a Purchase 
CClmmittee to which Government officials as well as non-officials were 
appointed as members. 
The procedure followed was. that each year the 
Member-Sc!.::retary of the Purchase Committee would call upon publishers 
and authors by advertisements given in local newspapers to submit books 
for coniideration. 
The Assessment Sub-Committee could then consider 
the books so submitted and thereafter recommend a list of books which, 
according to it, 
~:ere suitable for general reading by sc~ool and college 
students. 
The Purchase Committee would consider the recommendations 
nlade by the Assessment Sub-Committee prepares a final list and submit it 
for approval to the State Government which could reject any book out of 
H 
the list so submitted without givins any reason. 
Tbe d.ecision of the State 
, 
• 
1, MOHAPA1RA v. O~JS!A 
Government regarding the assessment, selection purchase and distribution 
A 
of books was made final. 
The selection of the books for the years 1980, 1981 and 1982 was 
made in this fashion. Admittedly, some of the members of the Assessment 
Sub.Committee were themselves authors of books and some of the books 
written by them were selected and purchased. 
The Purchase Committee 
restricted the list for the years l980, 1981 and 1982 to 466 books out of 
1, 718 books submitted for selection, but as further· funds became available 
the Government decided to select more books and accordingly a committee 
constituted under the Chairmanship of Director of Public Instruction 
(Schools), Orissa, selected a supplementary list of 105 books out of the 
said 1,718 books which bad been submitted for selection. 
Before further steps could be taken, in the unprecedented fionds 
and 
cyclones of August/September 1982, number of schools 3.nd colleges suffered 
in the calamity and the libraries of many schools and colleges were washed 
away. 
The Central Government thereupon:, as part of its relief programme 
for the State, gave grants to the State during February and March, 1983 
aggregating to Rs. 45 lakhs for the purchase of books for the libraries of 
non-governmental schools and colleges and to be utilised before June 1983. 
Due to Paucity of time and delay in the normal process of selection of 
books, the State Government took a decision or April 5, 1983 to utilise 
the grant made by the Central Government by purchasing books out of the 
books selected for the years 1980, 1981 and 1982 and the said supple-
mentary lht of 105 books. 
In the meeting convened on April 13, 1983, to 
consider the selection of books to be purchased, all the 466 books selected 
for the years 1980, 1981 and 1982 together with the 105 supplementary 
1ist of books were approved. 
Thereupon, the appellants who were publishers filed a Writ Petition 
uader Article 226 of the Constitution against the State of Orissa and the 
Direclor of Public Instruction

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