AJANTHA TRAVELS TRIVANDRUM Vs. GOVT OF INDIA

JUDGEMENT

(1.) Heard all the learned counsel; Mr. T. P. Kelu Nambiar (Sr) and N. Haridas for the appellants/original petitioners and Mr. K. Ramakumar, Senior Central Government Standing Counsel for the respondent.

(2.) These appeals arise out of the common judgment and order dated 3rd September, 1992 passed by the learned single Judge dismissing a batch of original petitions filed by travel agents who were "recognised" in accordance with the guidelines "Consolidated Administrative Criteria for Recognition/Renewal of Travel Agencies 1991". The said criteria was laid down by the Ministry of External Affairs, Government of India No. 1, for regulating the issuance of passports under the Passport Act, 1967 read with the Rules framed thereunder. What was challenged in all the original petitions was the circular dated 24th July, 1992 issued by Passport Officers in different Cities working under the Ministry of External Affairs, Government of India. Since the very circular has been challenged in all these appeals, we find it convenient to reproduce it verbatim :-

(3.) The result of the above circular was that the entire system of "recognised" travel agents to deal with the passport work stook withdrawn with effect from 24th July, 1992. Irrespective of the question whether a travel agent was recognised or not, any travel agent was free to deposit the application form at the passport office like any other individual citizen. It appears that in order to prevent the mischief and the undesirable practices which led to serious security problems, to which we will advert later, a decision was taken that the completed passport shall be despatched to the applicant, at the address given in the application, by Registered post acknowledgement due or in the event of the applicant approaching personally, the passport should be handed over to the applicant. Care was to be taken to ensure that no completed passport was handed over to any third person. This was to prevent one passport being misused by more than one person and the passport of a genuine applicant being misused by some unscrupulous persons who indulge in various crimes.