HC quashes plea for waiver of matric-pass criteria for photographers at Sun Temple | Bhubaneswar News
Cuttack: Orissa high court on Monday dismissed the plea of 154 photographers seeking intervention for waiver of the minimum qualification of matriculation for seeking a licence to operate at the Konark Sun Temple.
Initially, photographers issued licences by Archaeological Survey of India (ASI) moved HC in 2015 with the grievance that unchecked photography at the 13th-century shrine, also a Unesco World Heritage site, was adversely affecting their livelihood.
While disposing of the petition on Jan 5, 2022, a single-judge bench ordered, “It follows that apart from tourists, only those who have valid licences for the purpose of conducting photography in the precincts of protected monuments are to be allowed to enter.”
However, the matter returned to HC with the filing of a writ appeal by 154 photographers against the single-judge order, as the ASI then adopted a policy under which it issued licences only to those photographers who fulfilled the minimum qualification criteria of matriculation.
While senior advocate Subir Palit represented the appellants, advocate Chandrakanta Pradhan made submissions on behalf of ASI.
Palit submitted that they were photographers for over two decades and some for three decades, but were suddenly without livelihood on the account of the changed policy. Therefore, ASI should consider a one-time exception provided to those who may not have matriculation qualification but have been issued identity cards by the tourism department.
However, the division bench of Chief Justice Chakradhar Sharan Singh and Justice Savitri Ratho ruled, “Merely on the ground that the appellants operated as photographers without any licence in the past owing to the policy in vogue at the material time that did not require a licence, does not obviate the requirement of obtaining a licence in terms of the policy that is prevalent now.”
“We agree with the view taken by the Delhi high court that the persons who seek to operate as photographers in ASI-protected monuments are liable to obtain a licence from the ASI after participating in the prescribed selection process,” the bench added while dismissing the writ appeal on grounds of merit.
The bench had reserved judgment on the writ appeal after superintending archaeologist of ASI’s Puri circle, D B Garnayak, filed a counter affidavit on Aug 7 last year.
In the affidavit, Garnayak stated that a one-time exception cannot be provided in the case of 154 appellants as the ASI fixed the minimum matriculation qualification criteria as a part of a uniform policy framed for the purpose of regulating photographers operating in the monuments throughout the country.
ASI issued licences to 10 candidates who fulfilled the eligibility criteria for conducting their photography business at Sun Temple, Garnayak stated.
Initially, photographers issued licences by Archaeological Survey of India (ASI) moved HC in 2015 with the grievance that unchecked photography at the 13th-century shrine, also a Unesco World Heritage site, was adversely affecting their livelihood.
While disposing of the petition on Jan 5, 2022, a single-judge bench ordered, “It follows that apart from tourists, only those who have valid licences for the purpose of conducting photography in the precincts of protected monuments are to be allowed to enter.”
However, the matter returned to HC with the filing of a writ appeal by 154 photographers against the single-judge order, as the ASI then adopted a policy under which it issued licences only to those photographers who fulfilled the minimum qualification criteria of matriculation.
While senior advocate Subir Palit represented the appellants, advocate Chandrakanta Pradhan made submissions on behalf of ASI.
Palit submitted that they were photographers for over two decades and some for three decades, but were suddenly without livelihood on the account of the changed policy. Therefore, ASI should consider a one-time exception provided to those who may not have matriculation qualification but have been issued identity cards by the tourism department.
However, the division bench of Chief Justice Chakradhar Sharan Singh and Justice Savitri Ratho ruled, “Merely on the ground that the appellants operated as photographers without any licence in the past owing to the policy in vogue at the material time that did not require a licence, does not obviate the requirement of obtaining a licence in terms of the policy that is prevalent now.”
“We agree with the view taken by the Delhi high court that the persons who seek to operate as photographers in ASI-protected monuments are liable to obtain a licence from the ASI after participating in the prescribed selection process,” the bench added while dismissing the writ appeal on grounds of merit.
The bench had reserved judgment on the writ appeal after superintending archaeologist of ASI’s Puri circle, D B Garnayak, filed a counter affidavit on Aug 7 last year.
In the affidavit, Garnayak stated that a one-time exception cannot be provided in the case of 154 appellants as the ASI fixed the minimum matriculation qualification criteria as a part of a uniform policy framed for the purpose of regulating photographers operating in the monuments throughout the country.
ASI issued licences to 10 candidates who fulfilled the eligibility criteria for conducting their photography business at Sun Temple, Garnayak stated.
