UNION OF INDIA Vs. RAFIQUE SHAIKH BHIKAN

JUDGEMENT

(1.) In the previous order passed on 23-7-20121, we had said that any private tour operator (PTO) having any grievances regarding non-acceptance or rejection of his/her application for registration with the Central Haj Committee for carrying pilgrims for Haj 2012 may give the necessary particulars to Mr Haris Beeran, who would verify the reasons for non- acceptance/rejection of the application and apprise the Court in that regard.

(2.) Mr Beeran has today submitted a memorandum titled as "Status Report". From the memorandum, it appears that as many as 244 complaints/representations were given to him. All the 244 applications to which the complaints/representations related were thoroughly scrutinised, taking the help of a team of chartered accountants. From the memorandum, it appears that out of the 244 applications, a very large number were rejected because the applicants did not have any past experience as stipulated in the 2012 policy for PTOs. Many of them were rejected because they did not satisfy the criterion of having a turnover of rupees one crore for the year 2009-2010 or 2010-2011. Some were rejected for failure to satisfy some other criteria of the PTO policy. In the end, giving the benefit of doubt, the Central Haj Committee has accepted the applications of 12 PTOs (out of the 244) whose names are given in the memorandum. Those 12 PTOs would be allocated the number of pilgrims as per the relevant rules.

(3.) We accept and approve the memorandum submitted by Mr Beeran.