IN THE HIGH COURT OF DELHI AT NEW DELHI
RAKESH KUMAR SINGH ..... Petitioner
Through: Mr. Kamal Kumar Pandey, Adv.
UNION OF INDIA ..... Respondent
Through: Mr. Jatan Singh, Adv.
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V.K. JAIN
O R D E R
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
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
W.P.(C) 2449/2012 Page 2 of 5
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
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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.
V.K. JAIN, J
JANUARY 30, 2013/?raj?
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