B P SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The above-noted civil appeals involve the same question of fact and law, hence, they are being disposed of by this common judgment. The appellants are guides by profession and hold identity cards as "approved guides". The identity cards were issued by the Regional Director, Tourism, Government of India, Regional Tourist Office, 88, Janpath, New Delhi and counter-signed by the Director, Monuments, Archaeological Survey of India.

(2.) The guides, as commonly known, conduct the tourists to the historical monuments and other places of interest of tourists and explain the background and the importance of such places as well as acquaint them with the historical facts relating to the monuments and many landmarks of the area. This job developed into a kind of a specialized profession and they have to handle local tourists, foreign tourists, tourist parties and many dignitaries visiting the places. They charge for rendering such services. In this background it appears that it was thought necessary to regulate this profession and a need also seems to have been felt to issue identity cards to those persons who may act as authorized guides and charge fee for the service rendered. So as the guides may be presentable, well up in their knowledge and their conduct towards the tourists may be cultured and ethical, certain conditions have been laid down including one relating to holding a test which any of such person is required to pass before being entitled to be issued an identity card as a guide. Detailed instructions in that connection have been issued in 1979 by the Ministry of Tourism and Civil Aviation, Department of Tourism, Government of India.

(3.) A few of the conditions are that they should charge their remuneration only at the rates fixed by the Department of Tourism; they would not solicit tips or other material gains from the tourists; they would maintain good conduct and behaviour, they would carry out the assignments as may be made by the Department of Tourism for conducting any tour or site seeing etc. and they are also supposed to undergo written and oral examination conducted by the Tourism Department. One of the conditions with which we are concerned in the present appeals is contained in clause 17. It provides "When a guide attains the age of 60 years the identity card issued to him/her will not be renewed further". It may be pertinent to note that sometime during the pendency of the litigation, it is informed that the age has been extended to 65 years.