The Gauhati High Court dismissed a Public Interest Litigation (PIL) challenging the Board Proceedings for Arunachal Film Festival held on 06.03.2023, whereby the case of the respondent no. 6 (Private Group) has been considered favourably.
The PIL also challenged the letter dated 09.03.2023, written to the respondent no. 6 by the In-charge Deputy Director for Director Information & Public Relations, Government of Arunachal Pradesh, whereby, the work order for organising the Arunachal Film Festival, 2023, scheduled on 17th & 18th April, 2023 has been awarded to respondent no. 6.
Though in the impugned letter dated 09.03.2023, the Arunachal Film Festival, 2023 has been scheduled on 17th & 18th April, 2023, the petitioner has made a statement that it has now been rescheduled on 20th & 21st April, 2023.
The petitioner contended that the respondent authorities; more particularly the respondent no. 3, (the Director, Information & Public Relations, Government of Arunachal Pradesh) had issued Expression of Interest, dated 08.02.2023 for organizing the Arunachal Film Festival, 2023.
Pursuant thereto, the respondent no. 6 and one M/s Edgenda Solution had submitted their bids. The technical evaluation of the bids submitted was done on 01.03.2023 whereby, the bid of the respondent no. 6 as well as the bid of M/s Edgenda Solution was found to be not qualified.
According to the petitioner, after the bid of the respondent no. 6 was found to be technically not qualified, the respondent no. 6 had submitted a representation to the Secretary, IPR, Government of Arunachal Pradesh on 03.03.2023 for consideration of the bid under Atma Nirbhar Scheme’s Vocal for Local and to appoint the respondent no. 6 as an agency for Arunachal Film Festival, which was to be held on 17th & 18th March, 2023.
Pursuant to the aforesaid representation dated 03.03.2023, the bid of the respondent no. 6 was reconsidered by the impugned Board Proceedings held on 06.03.2023, in which proceedings, by relying on the notification dated 19th August, 2020 issued by the Chief Secretary, Government of Arunachal Pradesh, the bid of the respondent no. 6 was considered favorably.
Thereafter, the respondent no. 3 vide the impugned letter dated 09.03.2023, issued to the respondent no. 6 has awarded the work for organizing the Arunachal Film Festival, 2023 to the respondent no. 6.
Under the circumstances, the petitioner contended that after the bid of the respondent no. 6 was found to be technically not qualified, in the technical evaluation done on 01.03.2023, the respondent authorities could not have re-considered the bid of the respondent no. 6 pursuant to the representation submitted by the respondent no. 6 and thereby the respondent authorities could not have also awarded the work for organizing the Arunachal Film Festival, 2023, to respondent no. 6, who was earlier found to be technically not qualified for organising the Arunachal Film Festival, 2023.
The petitioner further contended that the Arunachal Film Festival has been organised by the Department of Information & Public Relations, Government of Arunachal Pradesh, in which, there is a huge involvement of public money.
Thus, wherever the public money is involved, the work is required to be awarded to only those bidders, who have been found to be technically qualified to organize such a film festival.
Be that as it may, the petitioner, did not participate in the Expression of Interest, dated 08.02.2023, invited by the respondent authority; the respondent no. 3 for organising the Arunachal Film Festival, 2023.
On perusal of the materials on record, the Bench found that Arunachal Film Festival is a film festival organized by the Department of Information & Public Relations, Government of Arunachal Pradesh, wherein selections are made in various discipline associated with films and film making and thereafter each of the selection made are given award by the Government of Arunachal Pradesh.
The role of respondent no. 6 is to the extent of facilitating the venues and other logistic support to enable the Arunachal Film Festival to take place, for which, the respondent no. 6 would be paid by the Department of Information & Public Relations, Government of Arunachal Pradesh in terms of the work order. Therefore, the issue raised in this PIL regarding the work order issued to the respondent no. 6, essentially appears to the Court to be in the realm of contract.
One Company, who had participated in the Expression of Interest, dated 08.02.2023 is not before the Court challenging the work order awarded to the respondent no. 6 by the impugned letter dated 09.03.2023.
The petitioner herein, who is stated to be not a Contractor but a film Director, Editor and an Actor, who admittedly did not participate or submit his bid pursuant to the Expression of Interest, dated 08.02.2023, issued by the Department of Information & Public Relations, Government of Arunachal Pradesh also prima facie appears to be lacking in locus standi to challenge the impugned work order dated 09.03.2023, observed the Bench.
For the reasons aforestated, the Itanagar Bench of Justice Nani Tagia and Justice Mitali Thakuria did not inclined to interfere with the impugned work order dated 09.03.2023, issued to the respondent no. 6 by the In-charge Deputy Director for Director Information & Public Relations, Government of Arunachal Pradesh dated 9, 2023.