ANUJ JOHRI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common judgment, questions and issues raised in a batch of writ petitions numbering around 183 filed by Tourist Guides, are being decided. The above petition has been taken as a lead case since it by and large covered grievances and concerns of the petitioners in the batch of petitions. Union of India was also permitted to file in this petition an additional affidavit. During the course of hearing, Mr.G.D.Gupta, Sr.Advocate, Mr.Y.K.Jain, Sr.Advocate, Ms.Anjana Gusain, Mr.S.D.Kindra, Mr.Ajay Malviya, Mr.S.Q.Kazim, Mr.Falak Mohd and Mr.Tarique Siddiqui addressed the court on behalf of the petitioners. Counsel were also directed to file their synopsis of submissions. Interim directions were also given from time to time to which, I shall advert during the course of judgment later. Apart from Lead counsels addressing the court, an opportunity was also given to counsels in the batch of writ petitions to make submissions or file synopsis of submissions with regard to common issues being taken up for consideration in this petition.

(2.) Mr.Sanjay Jain had represented Union in these cases and subsequently due to change in Government panel counsel, Mr.P.P.Malhotra, Additional Solicitor General and Mr.Suresh Kait, Central Government Standing Counsel represented the Union. Mr.Sanjay Jain who had been conducting the hearing as Union's counsel and had been interacting with Tourism Department on guidelines being framed, was asked to assist the court as and when required.

(3.) Petitioner Anuj Johri filed the above petition seeking a direction to the Union to conduct examination/tests every year for the grant of licence to work as Tourist Guide/Escort. Petitioner sought declaration that he was entitled to grant of licence having worked for the last several years and in the absence of any test being held since 1996. Petitioner claims to be working with travel agencies/foreign missions, who assigned him to take foreign tourists to various monuments, historical places in Delhi, Rajasthan, Varansi, Khajuraho etc. Petitioner is a graduate. He completed certificate course in Tourism Studies in 1995, from Indira Gandhi Open University. He did a certificate Course in Italian Language from Italian Embassy Cultural Central, New Delhi in 1996. He completed Intensive Advance Diploma in Italian language in 1997 from Delhi University. Petitioner was a recipient of scholarship of Govt. of Italy and did an advance course in Italian Languages and Culture from the University of Stranieri Perugia, Italy. Petitioner claims that his assignment comprised receiving tourists at Airport, taking them to the hotels and thereafter to the monuments,historical places in northern region. Petitioner is well versed in the social, political and economic history of the country. Petitioner is also fully knowledgeable about architecture and history of various monuments as he had been escorting the tourists since 1988.