Andhra Law Times Vs Senior Superintendent of Post Offices, Hyderabad South East Division and Others

@JUDGMENTTAG-ORDER

V. Eswaraiah, J.@mdashPetitioner is a publisher of Andhra Law Times (Fortnightly), Andhra Law Times (Criminal), Andhra Law Times (Revenue) and Andhra Law Times (Legislative Supplement) and that he has been publishing Andhra Law Times (ALT) journals since 1954 onwards. The Journals contain reports of recent decisions of the Honourable Supreme Court of India, Honourable High Court of Andhra Pradesh and various other Courts and also contain statutes, rules and regulations passed by competent legislatures and other bodies and various articles written by eminent people of various files (sic. fields), which are of public importance. The Journals are registered under the Press and Registration of Book Act, 1867 and accordingly, the Registrar of Newspapers for India has issued a certificate of registration.

2. Petitioner submits that the journals/law reports were treated as newspapers and the registration licence was given by extending the benefit of concessional rate of postage. The respondents have been renewing the said licence from time to time till 2000 but the renewal application for the year 2001 has been refused by the impugned letter of the first respondent/ The Senior Superintendent of Post Offices, dated 24-1-2001 on the ground that the Journals of the petitioner contain collection of judgments for use in legal matters and would not qualify for concession, as political or other news or articles on current topics are not published, as such the journals are not eligible for concession.

3. Petitioner questions the said action of the respondents on various grounds contending that the Registrar of Newspapers for India issued certificate of registration treating the said journals as newspapers under the Press and Registration of Book Act and based on the said registration certificate the first respondent also passed orders granting concessional rate of postage all these years by renewing the said licence from time to time but when an application has been made on 15-11-2000 for renewal of the same for the year 2001 the first respondent rejected the same by order dated 24-1-2001 cancelling the magazine for concessional rate of postage.

4. Counter has been filed stating that the renewal application was rejected by the impugned letter dated 24-1-2001 on the ground that the journals of the petitioner are only collection of judgments for use in the legal matter and would not qualify for concession as political or other news or articles on current topics are not published. Accordingly, the petitioner was informed vide proceeding of the first respondent dated 24-1-2001. It is further stated that the committee examined the application of the petitioner and observed that the magazines do not contain political or other news and did not recommend for concessional rate of postage and it was decided not to renew the magazines for the year 2001. However, pursuant to the interim orders of this Court the concessional rate of postage is being extended. It is further stated that the magazines do not qualify for the posting under concessional rates as per the conditions laid down u/s 9(2) of the Indian Post Office Act, 1898 (for short ''the Act'') and Clause 139 of Post Office Guide Part I.

5. Section 9 of the Indian Post Office Act, 1898 (Act No. 6 of 1898) is extracted as follows:

9. Power to make rules as to registered newspapers-

(1) The Central Government may make rules providing for the registration of newspapers for transmission by inland post as registered newspapers.

(2) For the purpose of such registration, every publication, consisting wholly or in great part of political or other news, or of articles relating thereto or to other current topics, with or without advertisements, shall be deemed a newspaper, subject to the following conditions, namely:

(a) that it is published in numbers at intervals of not more than thirty one days; and

(b) that it has a bona fide list of subscribers.

This Court in the case of Balamani Vs. Senior Superintendent of Post Offices, Hyderabad City Division and Others, while considering whether the Law Animated World published by the petitioner therein is a newspaper held that Sub-section (2) of Section 9 of the Act indicates that every publication consisting wholly or in great part of (1) political or (2) other news or (3) carrying articles relating thereto or (4) to other current topics with or without advertisements, is deemed to be a newspaper. The publication need not necessarily contain wholly or in great part of political news or articles relating thereto or other current topics. It is enough if the publication deals with wholly or in great part about (1) news other than political news or (2) if it contains articles relating to current topics. If the publication deals with current topics of interest and conveys news, it is liable to be construed and entitled for registration as newspaper. The analysis of Section 9 would indicate that such of the newspapers which have been described and talked of in Section 9 are all entitled to be registered by the authority so that concession of the duty of postage can be availed of by such a publication. Admittedly, in the instant case all the journals of the petitioner have been registered as newspapers by the competent authority i.e. the Registrar of Newspapers for India. When the journals have been registered as newspapers, it cannot be said that the journals of the petitioner publication are not entitled for concession of duty of postage.

6. Learned Counsel for the petitioner placed reliance on a judgment of the Honourable Supreme Court of India in All India Reporter Karamchari Sangh and Others Vs. All India Reporter Limited and Others, wherein the Apex Court while considering the question as to whether the law reports are newspapers as defined in Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1995, considered similar contentions that all the law reports constitute news insofar as the subscribers and the readers of those reports are concerned and it is by reading these law reports they come to know of the latest legal position prevailing in the country on any question decided in the decisions reported in the said reports. Therefore, it may not be correct to contend that law reports do not carry any news and that the public is not interested in them. Their Lordships were of the opinion that any decision published in the law reports containing information about the recent events, which have taken place in the Supreme Court or in the High Courts, which are public bodies and these are matters in which the public is interested. Though the publication of certain items by themselves may not occupy a substantial part of a law report to make it a newspaper, the publication of the recent judgments itself is sufficient to make a law report a newspaper which may after some time cease to be a newspaper and become book of reference.

7. Learned Counsel for the petitioner further placed reliance on a judgment of this Court in Institute of Chartered Financial Analysts of India Vs. Assistant Superintendent, R.M.S. Department of Posts, Hyderabad PSO and BMC and Others, wherein this Court while considering as to whether the journal called ''Study @ ICFAI'' is entitled for renewal and concession of postage held that once the journal is registered and renewed from time to time, the concession granted by the Postmaster General cannot be withdrawn not treating it as a newspaper for the purpose of Section 9 of the Act. He further placed reliance on another judgment of this Court in Shanthi Radham Magazine Vs. Registrair of Newspapers for India, New Delhi and Another, : wherein this Court held that the said Shanthi Radham magazine containing articles of Yoga, Science, health related topics, which was registered as newspaper is entitled for concessional tariff treating it as a newspaper governed by Clause 139 of the Post Office Guide.

8. I am of the opinion that admittedly all the journals published by the petitioner have been registered as newspapers and if that be so, the impugned letter dated 24-1-2001 passed by the first respondent cancelling the eligibility for concession of postage from the year 2000 (sic. 2001) onwards is illegal, arbitrary and unsustainable. Accordingly, I hold that the journals of the petitioner are newspapers within the meaning of Section 9(2) of Act and Clause 139 of the Post Office Guide and the journals are eligible for concessional rate of postage.

9. The writ petition is accordingly allowed. There shall be no order as to costs.