GOVERNMENT OF INDIA Vs. Y SON AND CO

JUDGEMENT

(1.) IN all these appeals the challenge is to the common order of the learned single Judge dated 30.08.2010 passed in W.P.Nos.13106/2010 etc batch. The issue concerned the claim of the respective respondents for registration and allotment of Haj quota as Private Tour Operators for the Haj pilgrims to perform Haj in the year 2010. By the impugned order the learned Judge set aside the alleged flaws in the Haj policy of the appellant in the year 2010 by which the appellant decided that only those Private Tour Operators who were registered and allotted the quota for Haj 2010 would only be eligible to apply for registration and allotment of quota for Haj 2010. An identical challenge was sustained by the Kerala High Court in certain Writ Petitions which was subject matter of challenge before the Honourable Supreme Court in Special Leave to Appeal(Civil)No.27032/2010 with SLP(C) No.27065/2010. The Honourable Supreme Court by its order dated 21.9.2010 ultimately set aside the Division Bench order of the Kerala High Court and declined to interfere with the Haj Policy of 2010. The Honourable Supreme Court while setting aside the order of the Kerala High Court has held as under :

(2.) HOWEVER before passing final orders we wish to record the submissions of Mr.R.Muthukumarasamy, learned senior counsel appearing for some of the respondents herein who pointed out before us that the respondents were all applicants who were seeking for the registration right from the year 2008 onwards, that their claims were not considered on merits. The learned senior counsel also contended that while on the one hand the appellant claimed that no new Private Tour Operator was admitted for the year 2010. The PTOs quota list released by the appellant disclosed inclusion of 7 new operators, that out of 7, 4 of them were fresh Private Tour Operators and the 3 others were the black listed Private Tour Operators. That apart on behalf of the appellant an additional affidavit was filed on 08.9.2010. In paragraph 3 of the said affidavit it has been stated that there were several complaints of misuse of quota by various Private Tour Operators who were allotted such quota during the year 2009, that some of them sold their quota to certain other old Private Tour Operators for a premium, that complaints were also received from the Government of Saudi Arabia through Indian Counsulate which was forwarded to the Ministry and that the appellant wanted to ensure that no such untoward incident as referred to in the complaint takes place while formulating the policy. In the affidavit it is also stated that it is the paramount consideration of the Government of India to ensure that safety, security of the pilgrims is their main consideration and that proper facilities are extended to such pilgrims in performing their Haj.

(3.) IT is also needless to state that in order to ensure such fair consideration of the claims, the process of registration is initiated and completed well in advance. This order will cover the Writ Petitions also and the Writ Petitions stand dismissed.