Kashmir Book Suppliers & Publishers v. State of J&K & Ors.
2012-01-31
HASNAIN MASSODI
body2012
DigiLaw.ai
1. Petitioners are Suppliers and Publishers of books and members of Kashmir Book Suppliers and Publishers Association. The Association is part of Association of Indian Publishers and Book Sellers — a Registered Society under Societies Registration Act. Petitioners claim to have been supplying books to various Government departments and Semi Government Agencies. To substantiate their claim, they have placed on file various supply orders placed with them by the Directorate of Libraries and Research, J&K, Srinagar as Annexure-C to the petition. 2. Petitioners are aggrieved with notice DIPK - 4567 issued by Member Secretary State Level Library Committee (Deputy Director Department of Libraries and Research) inviting offers for supply of books directly from publishers of approved titles. However, the publishers have been given an option to make the supplies through an authorized distributor, in case they are not in a position to make the supplies directly. 3. Petitioners' case is that as there are only a few publishers in the Kashmir Division and approved titles are published by the publishers outside the State, the Directorate of Libraries and Research, J&K, Srinagar inviting offers from the publishers are in effect chasing out the petitioners from the business, they have pursued for last few decades. It is pleaded that the respondents by throwing out the petitioners from the competition pave wave for allotment of supply contracts to the publishers outside the State pushing them to starvation. 4. On the strength of averments made in the petition, the petitioners seek writ of certiorari quashing Notice No. DIPK -4567 issued by the respondent no. 3 as also a writ of mandamus commanding the respondents to allow the petitioners to participate in the process for allotment of supply orders/contracts. The respondents opposed the writ petition on the grounds that as none of the fundamental or constitutional or legal/statutory the petitioners have no rights to maintain the writ petition. The respondents dispute that only few publishers are engaged in the business of publishing books to the State.
The respondents opposed the writ petition on the grounds that as none of the fundamental or constitutional or legal/statutory the petitioners have no rights to maintain the writ petition. The respondents dispute that only few publishers are engaged in the business of publishing books to the State. It is pointed out that the Notice No. DIPK - 4567 issued by Member Secretary State Level Library Committee merely invites descriptive catalogues/broachers/jackets of titles/Best Sellers published in the year, 2011 on different subjects from registered and ITD PAN holding publishers within India for consideration and approval of titles by the State Level Library Committee (SLLC) for purchase by the Department and the petitioners have no reason to be aggrieved with the impugned notice. It is pleaded that in order to get the genuine print of the selected titles, the right option is to approach the original publishers instead of going to the open market. It is further pleaded that the books selected by SLLC are published under the Matching Grant Scheme (MGS) of Raja Rammohan Roy Foundation Kolkata, on the graded rate of discount decided by the Foundation and that there is no room for purchasing books on competitive rates of discount. It is further pleaded that as scope has been left in the notice impugned in the petition for participation of the publishers through authorized distributors, there is no merit in the contention that the publishers are being favoured by the respondents. It is next pleaded that as the petitioners cannot be expected to be in possession of descriptive catalogues/broachers/jackets of titles/Best Sellers published in the year, 2011, the State Level Library Committee in order to select the titles has to turn to the publishers. Mere participation in the book exhibition, according to the respondents, does not confer any right of the petitioners to have a monopoly of supply of books to the respondent department. 5. Heard and considered. 6. It needs to be pointed out at the outset that Notice No. DIPK — 4567 issued by Member Secretary State Level Library Committee merely asked the publishers to furnish descriptive catalogues/broachers/jackets of titles/Best Sellers published by them respectively in the year 2007 on different subjects. The exercise is intended to help the State Level Library Committee to make selection of the tiles/books for purchase during the year 2011.
The exercise is intended to help the State Level Library Committee to make selection of the tiles/books for purchase during the year 2011. The notice does not invite offers for supply of books nor does it include or exclude any one, from the competition. There is merit in the stand taken by the respondents that in order to make right selection of the books to be purchased by the respondent Department published in 2011, the proper course was to get descriptive catalogues etc from the publishers and not any middlemen who otherwise also would not be in a position to provide such inputs to the State Level Library Committee. The effort is not to rely on the computerised list of the books from the Book Sellers but genuine and authentic descriptive catalogues etc. from the publishers. The respondents while inviting descriptive catalogues etc. from the publishers have also informed them that in the event any of their books are selected for purchase, they shall have to allow the discounts detailed in the Notice. In the circumstances. Notice No. DIPK - 4567 is not a Notice inviting offers for supply of the books to culminating supply orders in favour of the publisher/book sellers who offer the minimum price. The impugned Notice, is only an effort to make selection of the books. Once the State Level Library Committee makes the selection, the process for purchase of the selected books is expected to be initiated and the publishers as also their authorized distributors given an opportunity to participate in the process. It is expected that those of the petitioners who are authorised distributors of different publishing houses would get an opportunity in terms of impugned Notice to make supply of the selected books. It needs no emphasis that task before the State Level Library Committee is primarily to select right books and get genuine and authentic prints of such books and to accomplish the task, the Committee has a right to confine the purchase to publishers and their authorised distributors and no body including the petitioners can have any objection to the procedure proposed to be followed by the respondents.
Such of the petitioners who are authorised distributors of the publishing houses situated within or outside the State cannot have any grievance as regards impugned Notice as it carves out a role for them in the process of selection/purchase of the books published in the year 2011. 7. Viewed thus, no case is made out for grant of relief sought in the writ petition. However, the respondents are expected to allow such of the petitioners who are authorised distributors of different publishing houses to participate in the process for selection and purchase of books as laid down in Notice No. DIPK - 4567. 8. The writ petition is disposed of accordingly.