SUBHAN TOURS AND TRAVEL SERVICES v. UNION OF INDIA
2018-04-26
J.CHELAMESWAR, SANJAY KISHAN KAUL
body2018
DigiLaw.ai
ORDER : Heard learned counsel for the parties. 2. The limited issue now which is before us relates to the consideration of Private Tour Operators(PTOs) for Haj Pilgrimage for the year 2018. 3. We may refer to the orders passed by this Court in Union of India and Others Vs. Rafique Shaikh Bhikan and Others 2013(4) SCC 699 . The interested PTOs were put in following two categories:- Category I PTOs registered with MEA and facilitated Hajis at least for 7 Haj operations or more. Category II PTOs registered with MEA and facilitiated Hajis for at least for 1 to 6 Haj operations and PTOs which have facilitated at least 50 umrah pilgrims in a year for any five years Insofar as petitioner(s) are concerned, they claim their right to be considered in view of the first part of the Category II. The apprehension expressed is that the respondent(s) are raising the issue that despite their having successfully carried out the Haj pilgrimages for the years prior to the year 2013, part of the payments for travel were made by cash. It is not disputed before us that prior to the year 2013, there was no such restriction on making payment in cash and thus, the accepted position is that such of the PTOs who have facilitated the Hajis to travel through the Haj operators in any year prior to 2013 would be considered as eligible for consideration for year 2018. The requirement is of a Haj operation in any one of the years which would make them eligible for the year 2018. 4. Needless to say, only such applicants who have applied for the year 2018 would be so considered. 5. The writ petitions stand disposed of accordingly.