Allowed

S.Krishnan, v. the Secretary to Govt.

Madras HC19 Jun 2024WP(MD)/10150/2019

Case brief

AI extract

What is this about?

Petitioner alleged fraudulent procurement of books for Tamil Nadu public libraries, including republication of nationalised books under false titles and authors. Respondents filed no counter; court found allegations unrebutted, held the practice a scam breaching moral rights, allowed the petition with directions on transparent web-based procurement, an enquiry committee, and library visits in scho

What the court decided

AI extract

S.Krishnan, Vs the Secretary to Govt. — Public Procurement and Tenders | Madras HC (2024)

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1 WP(MD) No.10150 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.06.2024

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CORAM :

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THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN

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WP(MD)No.10150 of 2019

S.Krishnan

... Petitioner

vs.

1.The Secretary to Government, Department of Higher Education, Secretariat, Fort St.George, Chennai.

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2.The Director of Public Library, Public Library Directorate, 737/1, Annasalai, Chennai – 2. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to take immediate action with regard to illegal purchase of books for public libraries so as to maintain a standard in public libraries for general public and consequently direct the respondents to maintain transparent procedures in procuring books for public libraries by uploading the details in their official website.

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https://www.mhc.tn.gov.in/judis

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2 WP(MD) No.10150 of 2019

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For Petitioner : Mr.S.Anwar Sameem

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For Respondents : Mr.P.Thilak Kumar, Government Pleader

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ORDER

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Nanjil Nadan is a well known Tamil literary figure. He won the Sahitya Akademi award in the year 2010. One of his short stories “cothug; gilahsp” written in 1985 finds place in the book “Nga;f;nfhl;L” published by Vijaya Pathippagam. The story is in the form of an imaginary interview. The author's question and the publisher's answer is as follows :

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2.The quote 'Truth is stranger than fiction' attributed to Mark Twain

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comes to our mind while going through the affidavit filed by the petitioner.

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https://www.mhc.tn.gov.in/judis

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3 WP(MD) No.10150 of 2019

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The petitioner, a resident of Nagercoil, is conducting a literary forum so as to inculcate the habit of reading in the general public. He is a regular library goer. He brings to our notice the scandalous state of affairs prevalent in the procurement of books for public libraries in Tamil Nadu. Nanjil Nadan's story is no fiction. It is a portrayal of the rot in the system.

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3.The petitioner describes the modus operandi in detail in the affidavit filed in support of the writ petition. His statements are not made in the air. He provides solid proof and justification. The second respondent is the authority to procure books for the public libraries in the State of Tamil Nadu. He would issue notifications calling for response from publishers interested in supplying books. Though one of the conditions would be that the year of the publication of the book should not be changed, instances are galore indicating to the contrary. For instance, ''Veeram Vilaintha Varalatru Puthinangal Part-I' (tPuk; tpise;j tuyhw;Wg; Gjpdq;fs; gFjp-1) which was published in the year 2013, is nothing but a copy of Kalki's Sivakamiyin Sabatham (rptfhkpapd; rgjk;). The petitioner points out that the books of writers of yore such as Thiru Vi Ka, A.Sa.Gnana Sambanthan, Na.Parthasarathy, etc, have been re-published as if they are of recent

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https://www.mhc.tn.gov.in/judis

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4 WP(MD) No.10150 of 2019

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vintage. Books that have been nationalised and those books whose copyrights have expired were chosen for such re-publication. Since the legal heirs of the writers cannot complain of copyright violation, the fraudsters could resort to such re-publication and re-packaging with false titles and book covers with impunity.

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4.The petitioner's contention that the respondents must adopt best practices and that procurements of books should not be in breach of their own conditions is beyond cavil. There is a condition that once a book is purchased for a public library, it cannot be purchased again for the next five years. It is seen that this condition has been flagrantly breached. Nationalised books are re-printed and published under different titles and authors' names and procured every year. This is nothing short of a scam.

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5.When a copyright is nationalised, the Government becomes its custodian. It is obliged to protect the moral right of the author to be identified as the creator of the literary work concerned. By procuring books in the names of persons who did not author the work, the Government has acted in breach of this moral obligation. The petitioner has enclosed the

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https://www.mhc.tn.gov.in/judis

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5 WP(MD) No.10150 of 2019

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news item published in 'The Hindu' on 11.01.2019 in the wake of the 42^nd Book Fair. One publisher has alleged that 99% of the books printed exclusively for the Government Library orders would not be available in the open market. Another publisher lamented that a publisher runs a dozen publications in different names only for the sake of getting Government orders and that quality has suffered setback. It was also alleged that 95% of the books were actually by publishers who are ready to pay commission to officials dealing with library orders. The petitioner has made serious allegations in his representation enclosed in the typed set of papers.

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6.This writ petition was filed way back in 2019. Full five years have gone by. The respondents have not filed counter affidavit. The rule of nontraverse will apply and we have to take it that the allegations made by the petitioner stand unrebutted. Of course, the learned Government Pleader made available G.O.Ms.No.69 School Education Department dated 07.03.2024. It lays down Transparent Book Procurement Policy-2024. Paragraph 23 of the G.O talks about unfair practices such as sale of books by changing the title or the author's name. The case of the petitioner is that the procurement done so far has facilitated such unfair practices. Bathing in

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https://www.mhc.tn.gov.in/judis

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6 WP(MD) No.10150 of 2019

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Ganga is believed to wash away one's past sins. But the issuance of G.O cannot absolve the department of the misdeeds committed in the past by the officials.

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7.A learned Judge of this Court vide order dated 11.04.2012 in W.P.No.

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3272 of 2012 (M.Muthuswami vs. The Secretary to Government and others) observed as follows:

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''21.An attack against a library is an attack against the civilization and culture of a society. The attack on libraries may take manifold forms. It can be a direct attack to destroy it or there may be indirect attacks of either cutting the budgetary funds, delay in sanctioning funds, keeping library understaffed, denial of particular publications or appointing persons to man the library who are unqualified. Looked at from any angle, it is necessary to save our libraries from being destroyed by ingenious methods. Successive Governments have not cared to look into the administration of the libraries. The result being poor patronage.

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22.On the public library service, the responsibility of the State Government is relatable to Entry 12 of List 2 of Schedule VII. The State cannot simply wash away its responsibility in the matter of posting a proper person to man the office of the Director of Public Libraries. Nothing prevented the State from amending the service rules under Article 309 to provide for direct recruitment of

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https://www.mhc.tn.gov.in/judis

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7 WP(MD) No.10150 of 2019

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candidates who will have minimum qualification prescribed. The office of the Director of Public Library should not be construed only as a promotional post for subordinates to get themselves latched on to a top post. When a minimum qualification is already fixed for the said post, it cannot be diluted . As the State itself has stated that there are no available candidates in the present feeder category, the State should also think of amending the rules so as to provide for direct recruitment by selecting qualified candidates to hold the post of the Director so that the Libraries in the State which are established at the public cost will be well maintained and public will be benefited by such action of the State. It must not be forgotten that the attack on the library is also an attack on the culture, civilization and the history of the people. Therefore, the State is well advised to tone up the administration of the library in the State which are maintained at the public funds with huge expenditure.''

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8.Another learned Judge of this Court vide order dated 15.02.2021 in W.P. (MD) No.4111 of 2006 etc batch, (T.Arivarasu Pandian vs Government of Tamil Nadu) observed as follows:

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''10. A library is many things to many people. It is a place of potential, of discovery. It is a land of dreams: of adventure and magic, of friendly dragons and other planets. It is a land of hope: of finding a new job or a new home, of learning a new skill or

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https://www.mhc.tn.gov.in/judis

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8 WP(MD) No.10150 of 2019

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making a new friend. With the above in mind, libraries have been constituted under the Tamil Nadu Public Libraries Act, 1948, (for short 'the Act') wherein the structure under which the libraries constituted thereunder are to function have been codified.

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Libraries store the energy that fuels the imagination. They open up windows to the world and inspire us to explore and achieve, and contribute to improving our quality of life. As David Lankes (Professor and Director of the School of Library & Information Science at the University of South Carolina) aptly put it, “Bad libraries build collections, good libraries build services, great libraries build communities.

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Psychologically, people identify themselves with the idea of being part of an organized group for unity and strength. The purpose of forming people into societies is therefore to provide protection, continuity, security and identity. The intellectual skills of the citizens is the guiding factor in the matter of assessing the protection, security and identity of the said society. In this regard, library plays a vital part, as it helps in developing and moulding the character and conduct of the members of the society. The proactive participation of the members in the utilisation of the library within their locality tends to improve the standard of living of the entire community and the harmony of the masses in the said community.''

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https://www.mhc.tn.gov.in/judis

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9 WP(MD) No.10150 of 2019

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9.In Maheswari Vani Prakashan Pvt. Ltd., and others vs. State of Rajasthan and others reported in 2016 (4) CDR 1934 (Raj), Hon'ble Justice Ms.Bela M.Trivedi (as Her Ladyship then was), it was observed as follows:

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'' ... It is the duty of the concerned Government to ensure before placing the purchase orders as to whether the public interest is being served and whether public money is being used for the right purpose and in the right manner. ...''

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10.Richard Ovenden, the Bodley's librarian in the University of Oxford while writing about the burning of the Library of Alexandria remarked as follows :

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''Alexandria is, in that telling, a cautionary tale of the danger of creeping decline, through the underfunding, low prioritization and general disregard for the institutions that preserve and share knowledge: libraries and archives. Today, we must remember that war is not the only way an Alexandria can be destroyed.''

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11.The public libraries of Tamil Nadu may meet the fate of the Library of Alexandria, if the procurement of books is not done in public interest. Time has come to put in place proper mechanism for such procurement.

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https://www.mhc.tn.gov.in/judis

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10 WP(MD) No.10150 of 2019

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Tamil Nadu today boasts of a number of very good publishers who are bringing out excellent books. They must be encouraged. Their books must be bought. Procurement cannot be linked to payment of commission. The general public must be encouraged to spend time in libraries and the habit of reading must be inculcated.

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12.This Writ Petition is allowed with the following directions :

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(a) Procurement of books for public libraries in Tamil Nadu

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must be in consonance with G.O.Ms.No.69, School Education Department, dated 07.03.2024.

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(b) The second respondent must maintain a dedicated, userfriendly and functional Website. That such a portal exists, should be made known to the general public and awareness should be created through social media. When it is proposed to make procurement of books, notification must be published in the Website. Simultaneously, E-mail communications should be sent to those publishers operating in Tamil Nadu who have published not less than 200 books. The second respondent will have to maintain a list of such publishers. This alone will ensure sufficient notice.

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https://www.mhc.tn.gov.in/judis

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11 WP(MD) No.10150 of 2019

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Once the books proposed to be purchased are shortlisted, the details will have to be published in a separate web page. It should contain all the relevant details. The book cover should also be displayed. A month's time should be given for eliciting remarks, comments and objections. When procurement for the year is to be finalised, the remarks, comments and objections should be taken into account. They shall remain in the web page and not be deleted.

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(c) The first respondent will constitute a committee to enquire into the allegations made by the petitioner. Views will be elicited from the various publishers in this regard. A comprehensive report shall be published within five months from the date of receipt of a copy of this order. It should catalogue all the unfair practices that have come to light so far. Action should be taken against the officials concerned. An action taken report should also be published in the Website within six months thereafter. If necessary, the persons concerned should be prosecuted.

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