GOVERNMENT OF INDIA Vs. ZAHRAT MAKKAH HAJ SERVICES

JUDGEMENT

(1.) HEARD the learned counsel for the parties. These writ appeals have been filed by the Government of India, Ministry of External Affairs impugning a common order passed by a learned Judge of the writ court dated 8/7/2008. By the said common order, the learned Judge disposed of three writ petitions, being W. P. Nos. 37914 and 37331 of 2007 and 584 of 2008 filed by the petitioners challenging an order dated 13/11/2007 passed by the appellants herein. The order dated 13/11/2007 was passed by the Deputy Secretary to Government (Haj), Ministry of External Affairs and was addressed to the writ petitioners who had applied for registration as Private Tour Operators (PTO) in connection with Hajj Pilgrimage. By the said order, the Deputy Secretary (Haj) communicated to the writ petitioners that their applications for registration as PTOs and allotment of quota for the Hajj Pilgrimage ? 2007 could not be considered favourably. It may be noted that none of the petitioners had made the application for the Hajj Pilgrimage ? 2008 and all the applications were for the Hajj Pilgrimage ? 2007. But these writ petitions have been filed to quash the said order dated 13. 11. 2007 and for a direction on the respondents to register them as PTOs and allot pilgrims quota for the Hajj Pilgrimage ? 2008. But the fact remains that no petition in connection with Hajj Pilgrimage ? 2008 was made by the petitioners for the consideration of the respondents. The learned Judge of the writ court, however, after considering the rival contentions, was pleased to pass the following directions :-

(2.) ASSAILING the order of the learned Judge of the writ court, the learned Additional Solicitor General of India submitted that the learned single Judge, while passing the said order, has not considered very many vital aspects of the matter relating to organisation of Hajj Pilgrimage. The learned Additional Solicitor General submitted that organisation of the Hajj pilgrimage is based on a bilateral agreement between two sovereign countries, viz. India and the Kingdom of Saudi Arabia and various steps are required to be taken for an orderly organisation of the said pilgrimage and in this matter, the Government of India has always expressed its deep concern and involvement. He further submitted that after the order was passed by the learned single Judge, some subsequent events have taken place in the form of an information posted on the website of the Ministry of Hajj, Kingdom of Saudi Arabia on 3. 8. 2008. From the said information, it appears that the the Ministry of Hajj, Kingdom of Saudi Arabia has imposed a three year moratorium on accepting any new applications from tourist companies and other agencies abroad for granting approved status as organisers of pilgrimages. The exact communication posted on the website is reproduced hereunder :-

(3.) IT is common ground that the names of the writ petitioners did not figure in the said list of PTOs approved by the Ministry of Hajj, Kingdom of Saudi Arabia. Learned Additional Solicitor General has produced before this Court a communication dated 4. 8. 2008 received from the Indian Consul General, Jeddah to the effect that the aforesaid information posted on the website of the Ministry of Hajj, Kingdom of Saudi Arabia was also verified by the Vice Consul (Haj), who visited the Ministry of Hajj in Jeddah and to the effect that the said information posted on the website is correct. The said documents were made available to the learned counsel appearing for the writ petitioners and they have not disputed its correctness.