Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Allocation of visas for Haj pilgrimage to Private Tour Operators |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Haj Pilgrimage – Allocation of visas for Haj pilgrimage toPrivate Tour Operators (PTOs) – On facts, applications forregistration by PTOs for Haj Pilgrimage-2018 – However, refusalof registration by the Government for Haj Pilgrimage -2018 on theground of non-compliance of the various conditions in the HajPolicy – Rejection of first application for non-submission of minimumannual turnover certificate of Rs. 1 crore – Document for turnoverof different entity submitted – PTO who applied for registration is aprivate limited company and document for turnover relied on wasof proprietorship firm – Rejection of second application for nonsubmissionof legible copies of Munazzim card and Haj visa pagesof the passport of owner/proprietor – Rejection of third applicationfor non-submission of rental receipts and copy of lease deed dulysigned with the Saudi owners, rental receipt issued by party withwhom no contract for accommodation of PTOs was entered into –Writ peti tion by PTOs seeking issuance of mandamus to theGovernment to register petitioner as PTO for Haj Pilgrimage -2018and allot appropriate quota – Held: As regards the first application,the petitioner being aware, ought to have submitted all relevantdocuments including conversion of proprietorship firm into privatelimited company with transfer of its assets and liabilities – Since theturnover of different entity was relied, the decision rejecting theregistration not perverse – Further, the Government cannot beestopped to raise issue of ineligibility in case it escaped its notice inany earlier order – Thus, there is no infirmity in the ground takenwhile refusing registration – As regards the second application,grounds are too trivial and insignificant, and cannot be said to beany valid ground for rejection of the claim – Rejection of registrationof PTO for Haj Pilgrimage-2018 set aside and petitioner entitled tocompensation of Rs. 5 lakhs – As regards the third application, although the rejection of the claim of the petitioner clearly mentionsabout the mismatch and stated that receipt voucher has been issuedby entity with whom the contract for accommodation was not enteredinto, but no proper explanation in the writ petition has been given,thus, petitioner not entitled to any relief. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 649 |
Petitioner | Ruby Tour Services Pvt. Ltd. |
Respondent | Union Of India |
SCR | [2018] 7 S.C.R. 1169 |
Judgement Date | 2018-07-30 |
Case Number | 638 |
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