SHAMSHAD UDDIN AND OTHERS Vs. UNION OF INDIA THROUGH SECRETARY MINISTRY OF TOURISM, NEW DELHI AND OTHERS

JUDGEMENT

(1.) PETITIONERS have contended before this Court that they are guides by profession guiding the people who are visiting archaeological monuments and sites in the city of Agra. The petitioners are claiming to be local level guides- They are aggrieved in two ways. Firstly they are aggrieved for not holding my examination under process for issuance of license to the local level guides by the State through the Director General, Directorate of Tourism, Uttar Pradesh, respondent No. 5 herein and secondly by the restriction imposed by Archaeological Survey of India by its notification dated 21.1.2003 imposing a condition under item No, 9 of the guidelines regarding issuance of license to the local level guides. The relevant portion for the purpose of due consideration in respect of second category of attack is as follows:

(2.) ACCORDING to the writ petitioners, the local level guides are normally working in the cities. State level guides are normally working within the State and regional level guides are normally working in different states. By virtue of the first part of the guideline as aforesaid, the local level guides are totally prohibited from discharging their work in respect of the local monuments and archaeological sites which in fact is hitting the Article 19 (1) (g) and Article 19 (6) of the Constitution of India,

(3.) THE words which have been incorporated in the aforesaid quoted por­tion may not to happily drafted but the impact of the same is to be construed by [he Court, Simply it is prescribed that local level guides cannot have any au­thority to conduct the visitors to the monuments controlled by AST but so far as the State controlled monuments, if it is permitted, they can work as guide. However, such prohibition has been made upon giving a serious thought defi­nitely with regard to some of the antecedents otherwise incorporation of Clause 6 (g) of the notification would not have been there. Respective Clause 6 (g) is quoted herein: