Travellers Service Agents Association v. Union Of India
1985-04-15
D.A.DESAI, V.BALAKRISHNA ERADI
body1985
DigiLaw.ai
D.A.DESAI, J. (1) WHILE dismissing a batch of Writ Petition led by Inder Mal Jain v. Union of India a direction was given that the Railway Board do prepare a scheme for recognising travel agents catering to the needs of Class II passengers with sufficient positive control over their activities and submit the same to this court within a period of three months from the date of the judgment. Pursuant to this direction, the central government in exercise of powers conferred by clause (g) of Ss. (5) of S. 47 of the Indian Railways Act, 1890 enacted rules incorporating a scheme for authorisation of Railway Travellers Service .Agents. (2) BEFORE we examine the merits of the scheme, some facts anterior to the framing of the scheme may be noticed. (3) THE Railway- Board had enacted what were styled as Railway Tourist Agents Rules, 1980. These rules provided for licensing of travel agents who can render services to the public travelling by Railways. Constitutional validity of these rules was challenged in the case of inder Mal Jain. The challenge failed. However, it did transpire that if another scheme for licensing travel agents who would cater to the needs of Class II passengers is not framed, the needy Class II passengers would be denied the benefit of the service of the travel agents and would either suffer avoidable inconvenience or be exposed to the sharks who would fleece them for getting railway reservation. Railway Tourist Agents Rules, 1980 indisputably would cater to the needs of upper-class persons travelling by Railways. Their services would be beyond the reach of Class II passengers. There is no gainsaying the fact that the conditions prescribed for licensing agents under Railway Tourist Agents Rules, 1980 were so stringent and expensive that ordinarily travel agents who would cater to. the needs of Class II passengers would not be able to obtain licences and those who would obtain the licences would not condescend to serve Class II passengers. There was thus a yawning chasm between the pretention to serve Class II passengers and the practice of licensing agents. (4) LET no-one be oblivious of the fact that the Railways earns its maximum revenue from Class II passengers and without meaning any offence that is the most neglected class.
There was thus a yawning chasm between the pretention to serve Class II passengers and the practice of licensing agents. (4) LET no-one be oblivious of the fact that the Railways earns its maximum revenue from Class II passengers and without meaning any offence that is the most neglected class. Therefore while repelling the challenge to the constitutional validity of Railway Tourist Agents Rules, 1980, a specific direction was given to prepare a scheme for recognising travel agents who would cater to the needs of Class II passengers. The present scheme is a response to the courts direction. (5) THE Railways should not be unmindful of the fact that by introduction of long-distance trains, there is a rapid movement of people from one end to the other end of this subcontinent. A very high majority of travelling public comes from lower-middle classes and they usually travel by ordinary second-class or by sleeper coaches. The day when one could go to the railway station, buy a ticket and enter the train has been only a lingering memory of the bygone days. Advance booking occasionally months in advance is the order of the day. Now, if people ordinarily travelling by second-class move from say Kanya Kumari to Jammu and Kashmir and they would like to return within a short time, one is left guessing how such passengers would be able to obtain the return reservations. Computerisation for Class II passengers is a distant dream. Therefore services of travel agents have become a compelling necessity. But the service must be free from agony and torture of waiting for days in long queues with an alternative either to grease palms or on payment of reasonable charges to obtain the services of travel agents. This has been a longfelt need and it is being to some extent met by the scheme of licensing travel agents who would render service ordinarily to Class II passengers. (6) WE are extremely happy of the positive and helpful stand taken by the Railway Board which has gone a long way in resolving an unnecessarily prolonged dispute. The biggest public sector undertaking, the government-owned Railways must be a pace-setter in translating into action its empty-boards on all railway platforms signalling May I help you. We hope the present scheme provides a concrete step in translating into action May I help you signboard.
The biggest public sector undertaking, the government-owned Railways must be a pace-setter in translating into action its empty-boards on all railway platforms signalling May I help you. We hope the present scheme provides a concrete step in translating into action May I help you signboard. (7) THE scheme is incorporated into rules styled as Authorisation of Railway Travellers Service Agents, 1985. The final scheme which emerged after the discussion, debate and consensus in the court is annexed as part of this judgment and is to be treated as part of the judgment. We accept the scheme as herein incorporated. (8) PETITIONERS who are eligible to apply for licence under the 19S5 Rules must make the necessary applications for requisite licences within two weeks from today and the Railway Administration shall process and dispose of the applications within four weeks thereafter. Interim order made by this court will remain in force and operative for a period of two months from today. The Railway Administration shall adopt these rules by making them statutory. The Writ Petition are disposed of accordingly with no order as to costs.