Government Approved Tourist Guides Association v. Union of India Thru' Secy.
2014-07-08
D.Y.CHANDRACHUD, DILIP GUPTA
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DigiLaw.ai
JUDGMENT Hon'ble Dilip Gupta, J. The petitioner before the Court is a Society representing the Regional Level Guides who have stated that they were duly approved by the Government of India and Ministry of Tourism and were given licences to work at protected monuments of national importance in the northern region. The relief which is sought in the present proceedings is to the following effect: - "(a) issue writ, order or direction in the nature of mandamus commanding the Archaeological Survey of India to stop State Level Guides from operating in monuments of national importance that exists in Varanasi. (b) issue writ, order or direction in the nature of mandamus commanding the Archaeological Survey of India to issue endorsement strictly in accordance with the Guidelines 2011 issued by the Central Government. (c) issue writ, order or direction in the nature of mandamus commanding the Archaeological Survey of India to withdraw the authorization of all the State Level Guides who have been permitted to operate in Varanasi Region and are continuing to operate on the basis of such authorization." 2. Learned Additional Solicitor General of India, assisted by Sri S.K. Rai, on seeking instructions has placed on the record a copy of the order passed by the Supreme Court on 5 December 2012 in Government Approved Tourist Guides Association Vs. State of U.P.1. The Special Leave petition arose from a judgment of a Division Bench of this Court dated 27 February 2009 dismissing the writ petition filed by the petitioners for quashing an advertisement issued by the Director General in the Directorate of Tourism of the State Government and for restraining the State Government from making selections for recruitment of State Level Tourist Guides for the Varanasi region. In the course of the order of the Supreme Court, the statement of the learned Additional Solicitor General of India was noted in the following terms: - "At the hearing, learned Additional Solicitor General made a statement that all future selections for recruitment of Regional Level Tourist Guides will be made strictly in accordance with the guidelines issued on 22.9.2011 and no person will be allowed to work as Regional Guide unless he passes the prescribed test." 3.
In the result, the Special Leave petitions were disposed of as infructuous in the following terms: - “In the result, the special leave petitions are disposed of as infructuous with liberty to the petitioners to challenge the uthorization of the State Level Guides to operate in the areas governed by the 1958 Act and the Rules framed thereunder by availing appropriate remedy.” 4. The learned Additional Solicitor General of India has placed on the record the instructions received by him from the Assistant Director General in the Union of India, Ministry of Tourism (Travel Trade Division). The instructions denote that the guidelines which were formulated in 2011 superseded the earlier guidelines of 2003 and paragraph 3.1.5 of the new guidelines provides as follows: - "The State Level Guides under guidelines approved by any of the States/Union Territory Administration would also be eligible to apply for licenses to work as Regional Level Guides provided they qualify (a) the common selection process based on merit as detailed above for the selection of various categories of RLGs and (b) the examination and viva voce after the training." 5. Consequently, a decision was taken by Assistant Director General, Department of Tourism of the Union of India by issuing a circular dated 22 April 2013. The instructions to the learned Additional Solicitor General of India, state as follows: - "7. Assistant Director General, Department of Tourism, Ministry of Tourism, Government of India for complying the guidelines of 2011 and the order passed by the Hon'ble Supreme Court of India dated 5.12.2012 issued a circular as per the request of Government Approved tourist guides association (Petitioner) dated 22.4.2013, File No.2.TT. 1(17)/2011 States that: "the State Level Guides are not entitled to operate in the monuments and sites which are regulated by the Ancient Monuments and Archaeological Sites and Remains Act 1958, unless he passes the prescribed test." 6. Further Para 5 of the same letter states that ..........." It is therefor requested that all domestic Regional India Tourism offices must stop immediately the endorsing/re-endorsing/renewal of state level Guides in their respective regions, Annexure-1. ............. 13. Since the ASI (Respondents 3,4,5) have already complied the order passed by the Hon'ble Supreme Court of India and have stopped State level guides to working in the areas Governed by the Ancient Monuments and Archaeological Sites and Remains Act 1958 in the district of Varanasi and Agra. 14.
............. 13. Since the ASI (Respondents 3,4,5) have already complied the order passed by the Hon'ble Supreme Court of India and have stopped State level guides to working in the areas Governed by the Ancient Monuments and Archaeological Sites and Remains Act 1958 in the district of Varanasi and Agra. 14. The Ministry of Tourism has fully complied to the orders of Supreme Court and as the Ministry of Tourism Guidelines for Selection and Training of Regional Level Guides 2011 supersedes all the earlier guidelines and instructions issued in this matter, the Ministry of Tourism will not be in a position to endorse the guide licenses of any State Level Guides including Uttar Pradesh. Therefore, Ministry of Tourism is already complying to the prayer of the petitioners." 7. In view of the aforesaid statement, which is contained in the instructions received by the learned Additional Solicitor General of India as recorded above, no further direction is sought on behalf of the petitioners, since their grievance, the Court has been informed, have been duly met. The writ petition is, accordingly, disposed of.