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1991 DIGILAW 678 (SC)

Federation Of Registered Societies For Pilgrims (Regd. ) v. Union Of India

1991-11-13

S.MOHAN, T.K.THOMMEN

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(1) HEARD counsel on all sides. The main complaint of the appellant is that the guidelines adopted by the Lt.-Governor for the selection of pil grims to certain Sikh shrines in Pakistan are not strictly implemented in accordance with the letter and spirit of the guidelines. The appellant says that respondent 4 has not fairly dealt with the applications of the persons recommended by the appellant. (2) WE have heard counsel for the Delhi Administration as well as counsel for respondent 4. Counsel for respondent 4 submits that respondent 4 has always been ready and willing to faithfully implement the guidelines and has always done so. Respondent 4 has denied the allega- tion of bias. Counsel for the Delhi Administration submits that the selec- tion is the responsibility of the Lt.-Governor and the Lt.-Governor acts on the recommendations made by respondent 4 on the basis of the guidelines. But the decision is that of the Lt.-Governor and he is not bound by the recommendations of respondent 4. It is open to the Lt.- Governor to make whatever changes that he deems fit. (3) HAVING heard counsel of both sides, we are of opinion that the real complaint of the appellant being the non-implementation of the guidelines, it would be necessary for the Lt.-Governor to properly consider the recommendations of respondent 4 as well as complaints, if any, of persons like the appellant before a final decision is taken as regards the selection of persons to go on pilgrimage to the shrines in Pakistan. (4) IT would perhaps be advisable for the Lt.-Governor to be assisted by a committee of two officers. This is only a suggestion, and it is entirely for the Lt.-Governor to adopt his modus operandi for taking a final deci- sion. (5) WE direct the Lt.-Governor to consider all complaints made to him with reference to the recommendations made by respondent 4 in regard to the selection of pilgrims, and to pass a final order on every occasion as to the persons to be selected. The decision of the Lt.- Governor, as stated above, is final, but that decision shall, of course, be arrived at on a proper consideration of all the relevant facts and circum- stances. (6) MR Mahajan, appearing for respondents 1 to 3 assures us that this order will be communicated to the Lt.-Governor for due compliance. The decision of the Lt.- Governor, as stated above, is final, but that decision shall, of course, be arrived at on a proper consideration of all the relevant facts and circum- stances. (6) MR Mahajan, appearing for respondents 1 to 3 assures us that this order will be communicated to the Lt.-Governor for due compliance. (7) THE Civilis disposed of in the above terms.