CUTTACK: The Orissa High Court on Thursday reserved its judgement on the writ appeal against the order of a single judge on the issue of granting licence to photographers for operating at the Sun Temple in Konark.
The issue related to a dispute which was raised after the Archaeological Survey of India (ASI) fixed matriculation as minimum qualification for the photographers to get licence to operate at the 13th century monument which is a major tourist attraction of the state.
The issue first reached the high court when photographers issued licence by the ASI moved the high court in 2015 with the grievance that unchecked operation of photographers at the Sun Temple was adversely affecting their livelihood. A single judge disposed of the petition on January 5, 2022 with an order that said, “It follows that apart from tourists, only those who have valid licence for purpose of conducting photography in precincts of protected monuments are to be allowed to enter.”
After the high court order, the ASI adopted a policy under which it issued licence only to those photographers who fulfilled the minimum matriculation qualification criteria to operate at the Sun Temple.
The writ appeal was filed on January 25, 2022 on the ground that the policy affected the livelihood of 154 photographers who had been operating inside the temple for decades.
Acting on it, the high court asked the ASI if there can be a one-time exception provided to the 154 photographers who do not have a matriculation qualification keeping in view the long period they have been in business at the Konark temple and the loss of their livelihood.
When the matter was taken up on Thursday, advocate Subir Palit made submissions on behalf of the appellants emphasising on livelihood issue and advocate Chandrakanta Pradhan representing ASI.
Taking note of the submissions of both parties along with the affidavit of the superintending archaeologist of ASI (Puri Circle), the division bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho closed hearing and reserved judgment on the writ appeal. However, the bench did not specify any date for pronouncement of the judgment.
In the affidavit, superintending archaeologist DB Garnayak stated that ASI has issued licence to 10 candidates who fulfilled the eligibility criteria for photography business at Konark Temple. The one-time exception cannot be provided in the case of the 154 appellants as the ASI had fixed the minimum matriculation qualification eligibility criteria as part of a uniform policy framed for the purpose of regulating photographers operating in the monuments throughout the country, Garnayak submitted.