Y SON AND CO Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioners are all private tour operators, who intend to organise Haj-pilgrims, for the year 2010 to the Holy places viz., Makkah and Madhina in Saudi Arabia. The Haj-pilgrimage of Indian Muslims are presently governed by the Haj Committee Act, 2002.

(2.) Prior to 2005, private tour operators straight-away registered with the Government of Saudi Arabia and organised Haj-pilgrimage. That is, prior to 2005, the Saudi Arabia straight away allotted the number of pilgrims that could be handled by the private tour operators.

(3.) From the year 2005, the Saudi Government does not deal with the private tour operators on its own, in respect of India and Pakistan. The Government of Saudi Arabia allots the Haj quota for every year. The Government of Saudi Arabia also determines the number of pilgrims to be taken care of by the Central Haj committee, a statutory committee under the Haj Committees Act, 2002. The remaining number of pilgrims are allotted to private tour operators. The Haj quota for the year 2010 as allotted by the Saudi Government is 1,60,491 pilgrims and among them, 1,15,000 pilgrims are to be taken care of by the Central Haj committee and the remaining 45,491 pilgrims are to be allotted to private tour operators.