R. K. ABICHANDANI, J. ( 1 ) THE petitioner, a frequent traveller between ahmedabad and Bombay challenges the action of the respondent authorities of compulsorily collecting catering charges in the Shatabdi Express alongwith the fare while issuing the tickets for that train. ( 2 ) THE petitioner travelled from Ahmedabad to Bombay in IInd A. C. Coach of the Shatabdi Express and was charged Rs. 380. 00 per ticket. The petitioner had, since he did not desire to avail of the catering of food, requested the ticket issuing authority to issue the ticket excluding the catering charges. However, such option was not provided and the petitioner was compelled to purchase three tickets (one for himself and two for herself relatives) at the rate of Rs. 380. 00 per ticket. It is contended that the collection of catering charges was arbitrary and irrational. In other trains like Karnavati Express the fare of IInd Class A. C. ticket is only Rs. 257. 00 and no compulsory catering charges are collected. ( 3 ) IT was contended by the learned Counsel Mr. Girish Patel appearing for the petitioner that the catering charges are being arbitrarily collected by the Railway authorities and such compulsion was, therefore, violative of the fundamental right to equality of the petitioner guaranted by Art. 14 of the Constitution. It was also contended that the Railways constitute public utility service and it is their duty to supply services at a reasonable price and collection of such catering charges was not at all justified. It was also argued that the petitioners fundamental right to liberty of not to eat food, was violated becuase of such compulsory catering charges being levied. It was submitted that catering charges were separable and their compulsory imposition denied freedom of choice to the citizen travelling in that train of not to eat food. It was also aruged that there were limited number of trains between ahmedabad and Bombay which usually went full. Therefore, citizens have limited choice of travelling. Imposition of such catering charges restricts the choice of the citizens who may not be able to bear the burden of additional amount and thereby impairs their freedom of movement. It was submitted that freedom to avail of means of transport is also part of freedom of movement guaranteed by Art. 19 (1) (d) of the constitution. Imposition of such catering charges restricts the choice of the citizens who may not be able to bear the burden of additional amount and thereby impairs their freedom of movement. It was submitted that freedom to avail of means of transport is also part of freedom of movement guaranteed by Art. 19 (1) (d) of the constitution. It was contended on behalf of the Railway authorities that what facilities are necessary to be provided in a given train is a matter of policy and therefore, fixation of the fare would not be a justiciable issue. It was submitted that there was nothing to show that the fare which was charged for travelling in Shatabdi Express was in any manner unreasonable or arbitrary. It was also submitted that the fare was for point to point travel and included charges for the facilities which were specially provided for to the commuters travelling by this train. It is stated in the affidavit-in-reply that the difference of fare between Shatabdi Express and karnavati Express was only Rs. 123. 00. The extra arrangements and facilities which are provided for in the Shatabdi Express are narrated in paragraph 2. 3 of the affidavitin- reply and they include attaching two extra coaches having power generator van, attaching two engines to maintain speed, providing for the telephone connection system between the Guard and the Driver, providing for musical channel for the passengers, providing for carpets and curtains as well as pure drinking water, etc. The facilities include newpaper, a mineral water bottle and breakfast which contains 4 biscuits, vegetable cutlets (100 gms.) with potato chips or an omlet, two slices of bread with 10 gms. of butter, 15 gms. of tomato ketch-up and 15 gms. of jam and a cup of tea-coffee. Snacks are also provided which include one bakery item, a samosa or kachori, 50 gms of shrikhand, small cup of ice-cream, 50 gms. of wafers and tea or coffee. It is stated that all these facilities are provided by the contractor for Rs. 61. 75 p. The above facilities are described by the respondents as "experiment in luxury travel". Letters of appreciation by various dignitaries who officially travelled in the train are realied upon by the Railway authorities to blow their own trumpet. It is submitted that there is separate fare structure for these trains and flat rates are charged for travel in such trains. Letters of appreciation by various dignitaries who officially travelled in the train are realied upon by the Railway authorities to blow their own trumpet. It is submitted that there is separate fare structure for these trains and flat rates are charged for travel in such trains. ( 4 ) THE Indian Railways are a Public Utility Service run on monopoly basis. Such Public Undertakings are accountable to the people and any arbitrary action on their part which may be violative of the fundamental rights guaranteed by Part- iii of the Constitution would be subject to a judicial review and corrective mandate. It cannot, therefore, be accepted that fixation of fare can under no circumstances be subjected to judicial review. As held by the Supreme Court in P. Nall Thampy thera v. Union of India, AIR 1984 SC 74 , since Railways are a Public Utility Service, there is no justification to run it merely as a commercial venture with a view to making profits. Though the Union Government should be free to collect the entire operational cost which would include the interest on the capital out-lay, small marginal profits cannot be ruled out. The massive operation will require a margin of adjustment and therefore, marginal profits should be admissible. The Supreme court also observed that the quality of service by the Railways should improve and travel comforts should be ensured. The administration should remain always alive to the position that every bona fide passenger is a guest of the service. It is of paramount importance that the services should be prompt, efficient and dignified. Suitable scientific improvements must be briskly adopted. ( 5 ) WE may have to wait for some time to expect the Indian Railways to consider the above facilities granted in Shatabdi Express as the basic amenities which go with an ordinary travel rather than their setting them as a goal described as ultimate luxury in travel. The question, however, is whether for the additional facilities appropriate fares can be fixed by the Railways. The word "fare" is defined in Sec. 2 (14) of the railways Act, 1989 so as to mean the charge levied for the carriage of passengers. Chapter VIII of the said Act deals with carriage of passengers and Sec. 49 inter alia provides tables of fares to be exhibited. The word "fare" is defined in Sec. 2 (14) of the railways Act, 1989 so as to mean the charge levied for the carriage of passengers. Chapter VIII of the said Act deals with carriage of passengers and Sec. 49 inter alia provides tables of fares to be exhibited. Section 50 (1) of the Act provides that any person desirous of travelling on the Railways shall, upon payment of the fare, be supplied with a ticket containing the necessary particulars mentioned therein. The coaching Tarrif issued by the Railways provides for fixation of passenger fares. Accordingly, Coaching Tariff No. 23 Part II published by the Central Government provided for passenger fares in force from 1st April, 1994 and admittedly the fare for Shatabdi Express from Bombay Central to Ahmedabad was Rs. 380. 00 for A. C. Chair Car. As per the note below these fares, these fares were inclusive of catering charges. The fare now in force from 1-4-1995 as per the Coaching Tarrif No. 24, part II is Rs. 390. 00 for A. C. Chair Car in the said train for travel from Bombay central to Ahmedabad. It is clear that the fare for Shatabdi Express has been fixed on lumpsum basis and not on per block kilometre basis. ( 6 ) THE charge levied for the carriage of passengers can, include the charge for the facilities provided for the passengers who are being carried in the train and can, therefore, be part of "fare" as defined by Sec. 2 (14) of the Act. The concept of carriage of passengers would include all the facilities which may be considered proper by the concerned authorities for making the travel more comfortable for the passengers. Therefore, inclusion of the catering charges in the fare for travel in shatabdi Express was a legally authorised act on the part of the Railway administration. There is nothing to indicate that the additional amount of Rs. 123/ - which is included in the fare for catering and other facilities which are special to this train is unreasonable or expropriatory. Therefore, the rates fixed for the said travel in Shatabdi Express cannot be interfered with by this Court on the ground of arbitrariness. ( 7 ) RIGHT to movement guaranteed by Art. 19 (1) (d) ensures free movement of citizens through out the territory of India. Therefore, the rates fixed for the said travel in Shatabdi Express cannot be interfered with by this Court on the ground of arbitrariness. ( 7 ) RIGHT to movement guaranteed by Art. 19 (1) (d) ensures free movement of citizens through out the territory of India. This fundamental freedom is, however, subject to any law imposing reasonsable restrictions on the exercise thereof in the interest of general public or for the protection of the interest of any Schedule Tribe. The right of free movement would not include right of free passage in a public transport. Right of free movement by a citizen depends on his own capability to move. Though it may be unfortunate, if a person cannot afford to travel by a particular class because of the high charges which are required to be paid, he cannot insist that he should be allowed to travel on the payment that he may afford to make, as a part of his right of free movement. Providing fares for carriage by passengers, therefore, does not by itself affect the right of free movement guaranteed to citizens under Art. 19 (1) (d) of the Constitution. On the other hand, a citizen can, on payment of prescribed fare and subject to availability of accommodation, claim right to travel in such public utility transport service as a part of his right to move freely in the territory of India. A citizen who wants to travel from one place to the other by public transport cannot be asked to go by his own mode of journey or to walk down the distance. That would confine the right of free movement to a very narrow meaning. A citizen should be able to travel through public transport on payment of fare and subject to availability of accommodation as a part of his fundamental right of free movement subject to reasonable restrictions that may be provided by law under Art. 19 (5) of the Constitution. In the instant case, the petitioners right to movement cannot be said to have been taken away or restricted merely because fare inclusive of catering charges is provided for travel in a particular train, namely - Shatabdi Express, in which admittedly additional facilities have been provided for, for carriage of passengers therein. In the instant case, the petitioners right to movement cannot be said to have been taken away or restricted merely because fare inclusive of catering charges is provided for travel in a particular train, namely - Shatabdi Express, in which admittedly additional facilities have been provided for, for carriage of passengers therein. ( 8 ) AS regards the contention that the fundamental right of the petitioner of personal liberty which would include liberty not to eat food is affected, it would be sufficient to observe that there is no compulsion on any passenger travelling in that train to swallow food. It is open for the passengers not to eat food. Their not eating food will not make the fare inclusive of catering charges unjust, because, the option is nonetheless open to eat food and avail of other facilities. It would be unreasonsble to expect, where such package facilities are provided, any scope for working out separate amounts for individual passengers. In short, the fare is fixed for all that is being offered and there is no ground for urging that a citizen is being deprived of his personal liberty. The challenge on that count also, therefore, fails. ( 9 ) UNDER the above circumstances, the contentions canvassed on behalf of the petitioner cannot be accepted and the petition is hereby rejected. Notice is discharged with no order as to costs. .