VIBHAS KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India alleges discrimination by the respondent Railways between the wait-listed passengers who have purchased e-tickets through the internet and the wait-listed passengers who have purchased tickets in the physical form from the Reservation Counters of the respondent Railways. It is contended that while the wait-listed passengers holding e-tickets are prohibited from boarding the train, the wait-listed passengers holding tickets in the physical form are entitled to board the train and take a chance of occupying any seats / berths available owing to "no-show" of the passengers in whose name the confirmed booking exists.

(2.) Attributing the said discrimination to Rule 2.11.1 d & e of Commercial Circular No.36 of 2011 dated 7th July, 2011 and titled "Introduction of e-ticketing and ticketing through mobile phone on Web Portal of Indian Railways" issued by the Railway Board and which prohibits fully wait-listed passengers holding e-tickets from boarding the train and for automatic cancellation of such tickets and refund of the amount received therefor to the account of the user, relief of, declaration of the same as ultra vires and quashing of the same besides a direction for allowing the wait-listed passengers holding e-ticket to also so board the train, is sought.

(3.) Notice of the petition was issued and counter affidavit has been filed by the respondent Railways, to which rejoinder has been filed by the petitioner. We have heard the counsels for the parties and have also perused the material on record. We may record that though the petition is long-winded, without much clarity, but the aforesaid is the crux thereof.