Amitava Lala - (1.) The writ petition is made by a Group of Journalists alleging that the concerned authority of the Varanasi Development Authority illegally and arbitrarily rejected their applications for allocation of plots under Patrakar Puram Awasiya Yojna. The petitioners applied as per the advertisement to get allocation of 200 sq. meters of plots each. According to the petitioners, no guideline was issued as regards eligibility or ineligibility of a journalist on a particular ground. However, petitioners have come to know about eligibility criteria from an affidavit filed by the respondents in the earlier occasion. The petitioners have contended that large number of persons, who are not working in the newspapers got allocation of plots. On the other hand genuine and desirable persons were excluded. No lottery was made for allocation of such plots. It was done on the pick and choose basis. Number of plots are more than number of candidates. As such there is no occasion to exclude the petitioners. Decision of the respondent authority is totally biased since private person/s being member/s of the other Journalist Association was party to the committee. Their members are also applicants. Therefore, they can not be the party to the decision making process following the principle that no body is Judge of his own cause. The definition of working journalist as available under Section 2 (8-F) of the Working Journalist Act and Other Newspapers Employees (Condition of Service) and Miscellaneous Provisions Act, 1955 were not followed.
(2.) Respondents contended that the petitioners can not be entitled for allotment of plots in their favour for various grounds. It is incorrect to say that number of applicants is less than the number of plots. Factually number of applicants is more than the number of plots. As a result whereof short listing was obvious, which is otherwise permissible under the law. Therefore, at the time of short listing if the candidates are excluded finding ineligible on various grounds, the authorities can not be blamed. The authority made out individual cases in respect of rejecting claim of six petitioners filed this writ petition. According to them, the criteria for rejecting their applications based on informations received from the Director of Information, State of Uttar Pradesh. From the advertisement dated 16th March, 2002 we find the only eligibility criteria made therein is that application will be made by the Journalists brothers of the district Varanasi, on the prescribed format, whose family (husband, wife and minor children) does not own any land or building in any colony in district Varanasi developed by the authority, Awas Vikas Parishad or any local body. The allotment of plots will be made through lottery and allotment committee would be made. The policy of the eligibility of any person being a Journalist and certificate shall be examined by the allotment committee and will submit its report to the Vice Chairman, whose decision will be final. The number of plots is 43 having area of 200 sq. meters. Number of plots is 73 having area of 153 sq. meters. Number of plots is 88 having an area of 75 sq. meters. After receiving applications on 09th August, 2002 and after comprehensive discussion with Kashi Patrakar Sangh and Uttar Pradesh Journalist Association and Assistant Director, Information at the level of the authority following points have been carved out for determining the criteria of eligibility for allotment: (1) Journalist accredited by the District Headquarter of Information Department, Varanasi. (2) Such working Journalist/the Journalist of Electronic Media/Photographers who are permanent resident of Varanasi and are working in Varanasi or they have attained the age of superannuation. (3)(A) Such working journalists who are permanent resident of Varanasi who are posted on deputation in other district after having worked at the Headquarters of newspapers published from Varanasi. (B) Editor of the Newspapers as well as such editors who are publishers also. (C) Such Journalists who are not permanent resident of Varanasi and have come from outside districts and are working for at least one in Varanasi. (4)(A) Only one member of a family will be allotted plots. The family means-husband wife- father son and mother son. (B) Persons working in one newspaper of the same family only one member will get the benefit of this scheme. (5) This scheme is without the financial help from the State Government and is also for handing over plots without any development. (6) In the opinion of the Journalist organisation that there should be a rule for prohibition on transfer and sale of the plots for the beneficiary of this scheme. It was decided to impose a ban of 20 years as such but the same would not apply to transfer for the members of the family (blood relations). It was further decided that considering the aforesaid eligibly that the Journalist Organisation shall prepare a list of eligible journalists which will be verified by Assistant Director, Information and thereafter the same will be sent to the Authority.
(3.) After following the aforesaid criteria a list of 204 candidates was prepared out of 290 candidates. Such list was pasted on the notice board of the office to draw lottery. By the lottery plots were allotted. But allotment letters of 11 plots were not issued in view of the direction of the Court in Writ Petition No. 38367 of 2003 being dated 04th September, 2003 for consideration.;