SELVI TRAVELS AND Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions are for issue of a writ of certiorari to call for the records relating to Circular No. 26(1) AD/92 dated 24-7-1992 issued by the Passport Officer, Thiruchirapalli and quash the same. The petitioner in W.P. 10619 of 1992 is a proprietary concern running a Travel Agency while the petitioner in W.P. 10914 of 1992 is a registered association of recognised travel agents. The impugned circular which is circulated to all recognised travel agents reads thus :-

(2.) The circular is based on the revised criteria issued by the Ministry of External Affairs, Government of India under MSG No. 2158 dated 23-7-1992, the relevant part of which reads as follows :- RTO/TO FROM CTO KINDLY REFER TO THE CIRCULAR LETTER No. VII/415/2/19/91 DATED 21-5-91 WHEREIN CHITERION FOR RECOGNISING TRAVEL AGENCIES AND FOR REVIEWING RECOGNITION OF TRAVEL AGENCIES TO DEAL IN PASSPORTS WAS LAID DOWN(.)

(3.) The prayer in the petitions is only against the circular of the Passport Officer, Probably, the petitioners were not in a position to ascertain the particulars of the order of the Ministry as they are not mentioned in the impugned order. The arguments are directed against the Government order and the respondents have attempted to sustain the order of the Government. In fact, the copies of the orders of the Government dated 23-7-1992 and 28-7-1992 are produced by the respondents only. The validity of the said order has to be considered here.