IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  
  
  W.P.(C) 2449/2012
  
  
  
  RAKESH KUMAR SINGH ..... Petitioner
  
  Through: Mr. Kamal Kumar Pandey, Adv.
  
  
  
  
Versus
  
  
  
  UNION OF INDIA ..... Respondent
  
  Through: Mr. Jatan Singh, Adv.
  
  
  
  CORAM:
  
   HON'BLE THE CHIEF JUSTICE
  
   HON'BLE MR. JUSTICE V.K. JAIN
  
   O R D E R
  
   30.01.2013
  
  
  
  1. The petitioner before this Court alleges arbitrariness and adoption
  of non-transparent methods by various departments and agencies of the
  government in holding public competitions for designing of symbols/logos
  for them. According to the petitioner, the selection of artists/vendors
  for designing such symbols/logos is being done without giving wide
  publicity and thereby confining the process of selection to a privileged
  group of persons, which results in depriving the other citizens, of
  participating in such competitions and thereby contributing in the
  national life and its development. The following competitions, according
  to the petitioner, were
  
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  held in a non-transparent and arbitrary manner:
  
  (1) ?Public competitions? held by MoF for Symbol of Indian Rupee
  
  (2) ?Public Competition? held by Unique Identification Authority of India
  (UIDAI), Planning commission, GOI, for selection of LOGO for UIDAI
  
  (3) Public Competition held by Ministry of Rail, GOI, for designing of
  new LOGO for Indian Railways.
  
  (4) ?Competition? for selection if ?I Mark? symbol for Indian Designs
  held by Indian council of Design, National Institute of Designs.
  
  (5) Logo of RTI Act, designed by faculty of National Institute of Design,
  at the instance of Union Ministry of Personnel, Public Grievances and
  Pension, GOI.?
  
  
  
  The petitioner is accordingly, seeking directions to the respondent
  to prepare guidelines to be followed in future for holding all public
  competitions concerning the issues of national and public importance.
  
  2. The Union of India, which is the sole respondent in this petition,
  was impleaded through the Secretary, Ministry of Home Affairs. In a short
  affidavit filed by it, the MHA has stated that as per the Allocation of
  Business Rules, the subject matter raised by this petition has not been
  
  allocated to any particular Ministry/Department. It is further stated in the reply that the Ministry of Consumer Food and Public Distribution,
  Department of Consumer Affairs administers Emblems and Names (Prevention
  of Improper
  
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  Use) Act, 1950 which deals with improper use of certain emblems and names
  for professional and commercial purposes and the aforesaid department has
  stated that in terms of provisions of Emblems and Names (Prevention of
  Improper Use) Act, no instructions regarding issue of guidelines for
  holding public competitions for selection of logos can be issued. It is
  also stated in the reply that the method of selection/ elimination for
  the purpose of short-listing specifications of the competition
  distinctiveness etc., differ from case to case and therefore common
  guidelines for all public competitions are not necessary. The Ministry of
  Culture has also filed a short affidavit stating there that every
  Ministry/Organisation follows its own methodology for designing of its
  logos and many a times internal resources/expertise of the concerned
  Ministry/Organisation are used to design such logos so as to save on
  costs. It is also stated in the reply that as per the Allocation of
  Business Rules, the policy of framing rules in respect of holding such
  competitions for designing logos etc., does not come under the purview of
  the Ministry of Culture and that the said Ministry has been using an
  exclusive logo designed for use of it and its attached subordinate office
  and autonomous organization.
  
  3. It is thus quite evident that under the Allocation of Business
  Rules,
  
  
  
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  framed by the Govt. of India, no particular Ministry is competent to lay
  down guidelines to be used by all Ministries and departments of the
  Government in the matter of procedure to be adopted for holding public
  competitions to design logos/emblems etc., for various
  Ministries/Departments/attached offices of the Government or for various
  public sector undertakings which are controlled by different departments.
  Also, a uniform policy may not be appropriate for all Ministries and
  Departments of the Government, which perform different functions.
  Therefore, if such guidelines are to be framed, every Ministry/Department
  of the Government would have to frame its own guidelines for use of it as
  well as of its attached subordinate offices as well as the PSUs
  controlled by it.
  
  4. It can hardly be disputed that whenever public competitions are
  held by a Ministry/Department/Office of the Government or by an
  autonomous Body/Undertaking owned or controlled by the Government, they
  need to adopt a procedure which is fair, transparent and objective. It
  would, therefore, be only appropriate that each Ministry/Department of
  
  the Government of India frames guidelines which are fair, transparent and objective, for being applied by it or its attached/subordinate offices as
  well as by the Autonomous
  
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  Bodies/Corporations/Companies controlled by it. Framing such guidelines
  will not only eliminate arbitrariness and subjectivity which may
  sometimes crop up while holding such competitions but they will also give
  an opportunity to all eligible persons to participate in such
  competitions. For this purpose, it would also be necessary that such
  events are given due publicity not only in national English dailies but
  also in vernacular newspapers wherever found appropriate, besides being
  uploaded on the website of the concerned office/department/organization.
  
  5. We, therefore, dispose of this writ petition with a direction to
  Union of India to instruct all its Ministries/Departments to frame
  guidelines which are transparent, fair and objective, to be applied by
  such Ministries/Departments as well as their attached/subordinate offices
  and the Autonomous Bodies/Public Sector Undertakings/Organisations
  controlled by them. Such guidelines shall be framed by all
  Minsitries/Departments of Government of India within three months from
  the date of this order.
  
  
  
  
  
  CHIEF JUSTICE
  
  
  
  
  
  V.K. JAIN, J
  
  JANUARY 30, 2013/?raj?
  
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