BHAGWAT SINGH RANAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was filed by Mr. Bhagwat Singh Ranawat way back on 22.01.2013 inter alia with the prayer that Notification dated 20.05.2010 issued by the Ministry of Culture and Guidelines, 2011 issued by the Tourism Department with regard to issuance of licence for guides may be quashed and set aside and the action taken by the respondents pursuant to Notification dated 21.01.2003 be declared illegal and the licences issued to the guides in response to the applications invited under the said notification may be revoked in view of the judgment of this Court dated 19.09.2008 passed in Bhagwat Singh Ranawat Vs. Union of India and Others (S.B. Civil Writ Petition NO. 5607/2004 decided along with Writ Petition No. 8221/2005 and 7615/2005).

(2.) We have heard Mr. Bhagwat Singh Ranawat, petitioner who appears in person, Mr. Ashish Kumar Singh, learned Amicus Curiae and Mr. B.S. Chhaba, learned Assistant Solicitor General.

(3.) Writ petition filed by the petitioner is primarily founded on the judgment dated 19.09.2008 passed by learned Single Judge of this Court in Bhagwat Singh Ranawat (supra). Learned Single Judge of this Court in the aforesaid judgment examined the validity of Notification dated 21.01.2003 issued by the Central Government under Section 29(a) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (for short 'the Act of 1958') whereby the Central Government appointed Additional Director General (Department of Tourism), Ministry of Tourism as the Statutory Authority under the Act of 1958, for framing and issuing guidelines, for issuance of the Guide Licences, approval and registration of qualified persons selected through due process by a Committee constituted for the purpose to operate in the protected monuments of national importance. Argument of the petitioner is that as per Section 29(a) of the Act of 1958, the Central Government was not competent to appoint Additional Director General (Department of Tourism), Ministry of Tourism as the Statutory Authority. It may be noted here that aforementioned judgment of the Single Bench was challenged before the Division Bench which eventually vide order dated 15.12.2009 stayed operation of the same. Later, the appeal was dismissed as having become infructuous vide order dated 28.05.2012.