TRAVELLERS SERVICE AGENTS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) While dismissing a batch of Writ Petition led by Inder Mal Jain v. Union of India a direction was given that the Railway Board do prepare a scheme for recognising travel agents catering to the needs of Class II passengers with sufficient positive control over their activities and submit the same to this court within a period of three months from the date of the judgment. Pursuant to this direction, the central government in exercise of powers conferred by clause (g) of Ss. (5) of S. 47 of the Indian Railways Act, 1890 enacted rules incorporating a scheme for authorisation of Railway Travelers Service. Agents.

(2.) Before we examine the merits of the scheme, some facts anterior to the framing of the scheme may be noticed.

(3.) The Railway- Board had enacted what were styled as Railway Tourist Agents Rules, 1980. These rules provided for licensing of travel agents who can render services to the public travelling by Railways. Constitutional validity of these rules was challenged in the case of inder Mal Jain. The challenge failed. However, it did transpire that if another scheme for licensing travel 'agents who would cater to the needs of Class II passengers is not framed, the needy Class II passengers would be denied the benefit of the service of the travel agents and would either suffer avoidable inconvenience or be exposed to the sharks who would fleece them for getting railway reservation. Railway Tourist Agents Rules, 1980 indisputably would cater to the needs of upper-class persons travelling by Railways. Their services would be beyond the reach of Class II passengers. There is no gainsaying the fact that the conditions prescribed for licensing agents under Railway Tourist Agents Rules, 1980 were so stringent and expensive that ordinarily travel agents who would cater to. the needs of Class II passengers would not be able to obtain licences and those who would obtain the licences would not condescend to serve Class II passengers. There was thus a yawning chasm between the pretension to serve Class II passengers and the practice of licensing agents.