Dismissed¶6

Jayadev Foundation Trust, Bbsr v. State of Odisha

Orissa HC2 Jul 2024WP(C)/15125/2024

Case brief

AI extract

What is this about?

PIL by Jayadev Foundation Trust challenging Odisha's renaming of the 'Jayadev Award' as the 'Mohan Sundar Das Goswamy Award' under the non-statutory Odisha State Awards for Films Rules, 2010; High Court of Orissa held the matter lay within the executive's exclusive domain, found no judicially determinable parameters under Article 226 to interfere, and dismissed the writ as misconceived (decided 02.07.2024; Chief Justice Chakradhari Sharan Singh and Miss Justice Savitri Ratho).

What did the court decide?

There is no dispute that the Odisha State Awards for Films Rules, 2010 are not statutory in character. ¶5

Jayadev Foundation Trust, Bbsr Vs State of Odisha — Writ and Judicial Review | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 15125 of 2024

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Jayadev Foundation Trust , a Trust …. registered under the Trust Act bearing No.6670 by 1956 of 2002 represented by its Executive Trustees, Dr. Prafulla Chandra Tripathy, aged about 83 years, S/o. Late Gopabandhu Tripathy having its office at Plot No.111(D) Jayadev Complex, Sahid Nagar, Bhubaneswar751007, Odisha.

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Petitioner

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Mr. Dayananda Mohapatra, Advocate

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-versus-

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State of Odisha in Odia Language, …. Opposite Parties Literature and Culture Department represented through its Secretary, AtSecretariat Building, At/P.O. Bhubaneswar, Dist-Khurda.

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Chief Secretary , Odisha, At-Secretariat Building At/P.O. Bhubaneswar, Dist-Khurda.

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Director Culture , Kharavela Nagar, behind Secretariat Building, At/POBhubaneswar, Dist-Khurda

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Ms. Suman Pattanayak, Addl. Govt. Advocate

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

02.07.2024

This matter is taken up through Hybrid mode.

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The petitioner claims to be a charitable trust in the name of “Jayadev Foundation Trust, Bhubaneswar” (in short, „Trust‟) constituted with an objective to bring hidden talents of the State into the

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limelight. The Trust has filed the present writ application in the nature of Public Interest Litigation (PIL) challenging an amendment brought by the State of Odisha in Odisha State Awards for Films Rules, 2010 to the extent „Jayadev Award‟ to be conferred upon a personality for outstanding contribution towards growth and development of Odisha Cinema has been substituted by „Mohan Sundar Das Goswamy Award‟ for lifetime achievement of an odia film personality. Be it noted that the said rules are not statutory.

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Assailing the said action of the State, it has been asserted in the present writ application that Jayadev was one of the great legends of Odisha and the attempt to replace the award in his name by incorporating the name of Mohan Sundar Deo Goswamy is actuated with mala fide and suffers from non-application of mind.

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Mr. Dayananda Mohapatra, learned counsel appearing on behalf of the petitioner has argued that the said amendment has been carried out based on the recommendation of a Committee on 06.02.2023, comprising of 3 members under the chairmanship of the Director and Special Secretary to Government of Odisha. He has argued that none of the 3 members of the Committee had the expertise to appoint about such change of the nomenclature of the award. The amendment has been introduced in a mechanical manner and amounts to undermining the status of Jayadev. In the writ petition, the petitioner has described the importance of Jayadev for his immense contribution in the field of Arts and Odisha culture.

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As has been noted at the outset, there is no dispute over the fact that the Rules are not statutory in character. What is under challenge in the

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present writ application falls within the exclusive domain of the executive. This Court exercising power of judicial review under Article 226 of the Constitution of India does not have judicially determinable parameters to interfere with the impugned action of the State.

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In the Court‟s opinion, this writ application is misconceived and stands dismissed accordingly.

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(Chakradhari Sharan Singh) Chief Justice

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(Savitri Ratho)

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Judge

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SK Jena/Secy.

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Signature Not Verified

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Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 04-Jul-2024 11:19:01

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Jayadev Foundation Trust, Bbsr v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jayadev Foundation Trust, Bbsr v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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