SANTOSH BAGHEL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this group of petitions, the petitioners have prayed for a variety of reliefs, namely, for the quashing of clause-9 of the guidelines dated 14.2.2003, for the quashing of clause-4 of the guidelines dated 22.9.2011 and for a direction to hold a selection for the Local Guides and issue them a licence. The petitioners have also prayed that a mandamus be issued restraining the respondents from interfering with their right to conduct visitors inside the protected monuments. In some writ petitions, the petitioners have prayed for the quashing of Rule 8(d) of the Rules of 1959. The bottom line is, that the petitioners pray that they may be provided a licence as a "local guide" so that they could be permitted to practice their profession in an around the protected monuments situate in Agra, Varanasi and at other districts in the State of U.P. For facility, Writ Petition No.28274 of 2012 has been made the leading case.

(2.) To understand their problem, one has to delve into the background and the facts leading to the filing of the writ petition.

(3.) There were two Acts relating to ancient monuments, namely, "The Ancient Monuments Preservation Act, 1904" and "The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951.