Case: V.K. Javali (Dr.) Vs. State Of Mysore &amp; Anr

that general permission. Thus the first ground is entirely without substance; to describe the speech delivered by the petitioner as a speech on controversial matters does not alter the true character of the speech. It is a speech delivered on an occasion of prize distribution on a subject which is purely educational and it expressed opinions which are generally accepted; but the basis of the ground is that the previous approval should have been obtained and that has no substance because a general permission had been given to the petitioner to deliver speeches on educational matters. 21. The second ground is that the petitioner expressed his views on the language controversy. Now this ground must obviously be read in the light of the requirement of R. 26 (a). Rule 26 (a) can be invoked when the Government servant is shown to have made a statement of fact or opinion which may embarrass the relations between the Government and the people of India or any sections of the people. Can it be seriously suggested that the speech in question could have had any such consequence? In deciding this question we must remember that the speech was delivered on July 5, 1953 in Dharwar which was then a part of the erstwhile State of Bombay in which three principal languages were spoken by the citizens, Marathi, Gujarati and Kannada. The affidavit filed by respondent 1 has made no material averment or allegation which would even remotely suggest that the speech in question could possibly have led to any such consequence. The said affidavit is very unsatisfactory and it gives us no assistance at all to decide the question in favour of respondent 1. Therefore, on the materials produced before us we cannot escape, the conclusion that the broad statement in the ground that the petitioner expressed his views on the language controversy cannot rationally or reasonably bring his case within R. 26 (a). 22. That takes us to the last and the third ground set out in the notice. According to this ground the views expressed by the petitioner were inconsistent with the policy statement issued by the Government of Bombay in a Press Note on September 20, 1951. On this point again the material produced by respondent 1 consists merely an affidavit filed by it. The Press Note itself has not been produced before us, nor has any relevant statement been made to show how, when and by whom the policy in question was determined. Prima facie the question about the medium of instruction at the Post S. S. C. Examination stage is within the jurisdiction of the different Universities. The Post S. S. C. stage is normally the stage of Collegiate education and in the matter of Collegiate education all educational matters are as they should be, generally left to the autonomy of the respective Universities. It is not even alleged in the affidavit made by respondent 1 that the University having jurisdiction in the region where the speech was delivered had come to any such conclusion in the matter of the medium of College education. Therefore, apart from the fact that material and satisfactory evidence about the alleged decision of the Government had not been produced before us it appears to us prima facie very doubtful whether the Government could have come to any such conclusion in the matter of the medium of College education. Under such circumstances it was clearly the duty of respondent 1 to have produced before the Court more satisfactory evidence in support of its case. 23. Respondent 1 has no doubt made a bare statement in its affidavit that any expression of opinion by a Government official on the language controversy directly tends to embarrass the relations between the Government and the people of India or the different sections of the people. It is significant that the affidavit uses the verb tends and it does not even purport to say that it tended to lead to any such consequence in 1953 when the speech was delivered. Indeed the affidavit of respondent 1 does not refer to the relevant facts as they existed in 1953 in the region where the speech was delivered, and so a bare statement that R. 26 (a) was satisfied can hardly be regarded as sufficient or satisfactory for the purpose of dealing with the present case. In our opinion, therefore, having regard to the time and place at which the speech was delivered and the surrounding circumstances, and having regard to the material produced before us, it is impossible to escape the conclusion that the grounds set out in support of the impugned order passed against the petitioner cannot by any stretch of imagination be said to take his case within R. 26 (a).It is significant that the case against the petitioner has changed from stage to stage in that disagreeing with the conclusion of the Enquiry Officer the respondent was driven to set out three grounds in support of the impugned order of punishment none of which can rationally or reasonably take his case within the mischief of R. 26 (a).Besides, it is obvious that even if the expression public order used in Art. 19 (2) is very liberally construed it would be difficult to hold on the material available on the record that the impugned speech could rationally be said to lead to the disturbance of public order as envisaged by Art. 19(2) at the time when it was delivered. Mr. Gopalakrishnan has no doubt sought to place his case under the requirement of public order provided for by Article 19 (2); but we have no hesitation in holding that the impugned order cannot be rationally justified on that ground and must be said to fall wholly outside Art. 19 (2). Our conclusion, therefore, is that the impugned order of punishment passed against the petitioner is not supported or justified by R. 26 (a) and is even otherwise outside Art. 19 (2) and as such unconstitutional and invalid.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]14. It appears that apparently on the authority of this Rule instruction had been issued by which Government servants in educational department were required to obtain previous approval of the Director of Education to the text of the speech proposed to be delivered by them.For the purpose of the present petition we ought, however, to add that neither this instruction nor the orders issued in Circular No. P. and S. D. No. 1581/34, dated September 27, 1950, which are alleged to have been contravened have been produced in the present proceedings19. We have already noticed that the enquiry resulted in the finding recorded by the Enquiry Officer in favour of the petitioner. It is true that the Government of Bombay was entitled to take a different view but it is not wholly irrelevant to remember that the Collector of Dharwar who held the enquiry was satisfied that there was no substance in the charges framed against the petitioner20. At this stage it would be material to recall the grounds on which the impugned order of punishment was passed. The first ground is that the speech was delivered by the petitioner without obtaining the previous sanction of the Director of Education in advance in spite of the warning issued to him in August 1952. The requirement that a previous approval of the speech should be obtained by the petitioner from the Director of Education is characterised by Mr. Iyengar as a purely executive order without any legal validity, and in support of his case Mr. Iyengar has relied upon the decision of the Madras High Court in Ramakrishnaiah v. President, District Board, Nellore, AIR 1952 Mad 253   and Krishna Chandra Chatterjee v. Chief Superintendent, Central Telegraph Office, Calcutta, AIR 1955 Cal 75. We, however, do not propose to consider even this point because we will assume that the order in question is valid; but it is essential to remember that the petitioner has specifically averred that he had obtained general permission to make speeches on educational matters and the warning issued to him in August 1952 in not shown to have affected that general permission. Thus the first ground is entirely without substance; to describe the speech delivered by the petitioner as a speech on controversial matters does not alter the true character of the speech. It is a speech delivered on an occasion of prize distribution on a subject which is purely educational and it expressed opinions which are generally accepted; but the basis of the ground is that the previous approval should have been obtained and that has no substance because a general permission had been given to the petitioner to deliver speeches on educational matters21. The second ground is that the petitioner expressed his views on the language controversy. Now this ground must obviously be read in the light of the requirement of R. 26 (a). Rule 26 (a) can be invoked when the Government servant is shown to have made a statement of fact or opinion which may embarrass the relations between the Government and the people of India or any sections of the people. Can it be seriously suggested that the speech in question could have had any such consequence? In deciding this question we must remember that the speech was delivered on July 5, 1953 in Dharwar which was then a part of the erstwhile State of Bombay in which three principal languages were spoken by the citizens, Marathi, Gujarati and Kannada. The affidavit filed by respondent 1 has made no material averment or allegation which would even remotely suggest that the speech in question could possibly have led to any such consequence. The said affidavit is very unsatisfactory and it gives us no assistance at all to decide the question in favour of respondent 1. Therefore, on the materials produced before us we cannot escape, the conclusion that the broad statement in the ground that the petitioner expressed his views on the language controversy cannot rationally or reasonably bring his case within R. 26 (a)22. That takes us to the last and the third ground set out in the notice. According to this ground the views expressed by the petitioner were inconsistent with the policy statement issued by the Government of Bombay in a Press Note on September 20, 1951. On this point again the material produced by respondent 1 consists merely an affidavit filed by it. The Press Note itself has not been produced before us, nor has any relevant statement been made to show how, when and by whom the policy in question was determined. Prima facie the question about the medium of instruction at the Post S. S. C. Examination stage is within the jurisdiction of the different Universities. The Post S. S. C. stage is normally the stage of Collegiate education and in the matter of Collegiate education all educational matters are as they should be, generally left to the autonomy of the respective Universities. It is not even alleged in the affidavit made by respondent 1 that the University having jurisdiction in the region where the speech was delivered had come to any such conclusion in the matter of the medium of College education. Therefore, apart from the fact that material and satisfactory evidence about the alleged decision of the Government had not been produced before us it appears to us prima facie very doubtful whether the Government could have come to any such conclusion in the matter of the medium of College education. Under such circumstances it was clearly the duty of respondent 1 to have produced before the Court more satisfactory evidence in support of its case23. Respondent 1 has no doubt made a bare statement in its affidavit that any expression of opinion by a Government official on the language controversy directly tends to embarrass the relations between the Government and the people of India or the different sections of the people. It is significant that the affidavit uses the verb tends and it does not even purport to say that it tended to lead to any such consequence in 1953 when the speech was delivered. Indeed the affidavit of respondent 1 does not refer to the relevant facts as they existed in 1953 in the region where the speech was delivered, and so a bare statement that R. 26 (a) was satisfied can hardly be regarded as sufficient or satisfactory for the purpose of dealing with the present case. In our opinion, therefore, having regard to the time and place at which the speech was delivered and the surrounding circumstances, and having regard to the material produced before us, it is impossible to escape the conclusion that the grounds set out in support of the impugned order passed against the petitioner cannot by any stretch of imagination be said to take his case within R. 26 (a).It is significant that the case against the petitioner has changed from stage to stage in that disagreeing with the conclusion of the Enquiry Officer the respondent was driven to set out three grounds in support of the impugned order of punishment none of which can rationally or reasonably take his case within the mischief of R. 26 (a).Besides, it is obvious that even if the expression  public order used in Art. 19 (2) is very liberally construed it would be difficult to hold on the material available on the record that the impugned speech could rationally be said to lead to the disturbance of public order as envisaged by Art. 19(2) at the time when it was delivered. Mr. Gopalakrishnan has no doubt sought to place his case under the requirement of public order provided for by Article 19 (2); but we have no hesitation in holding that the impugned order cannot be rationally justified on that ground and must be said to fall wholly outside Art. 19 (2). Our conclusion, therefore, is that the impugned order of punishment passed against the petitioner is not supported or justified by R. 26 (a) and is even otherwise outside Art. 19 (2) and as such unconstitutional and invalid.