| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Haj pilgrimage |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
| Case Type | Writ Petition |
| Court | Supreme Court of India |
| Disposal Nature | Petition Allowed |
| Headnote | Haj: Haj pilgrimage – Grant of registration for – Disqualification – Private Tour Operators-PTOs conducting travel business for Hajj and Umrah – Application by the petitioners for registration and allocation of quota for the Hajj 2016 – Rejection of, on the ground of non-compliance with certain clauses of the policy for the PTOs – Thereafter, policy for Private Tour Operators for hajj 2013-2017’ – Petitioners were all eligible to be qualified as PTOs for the year 2015 for Hajj pilgrimage – Since qualified PTOs exceeded 90, draw of lots held but petitioners did not get quota – Thereafter, since petitioners were not successful in the draw of lots, they were entitled, under clause 4(b) of the policy, to be allocated 150 seats in the ensuing year without Qurrah if they remain qualified as PTOs – Subsequently, in view of certain changes in the policy, 50 seats to be allocated for 2016 – On 29.4.2016, publication of norms for registration of PTOs for Hajj 2016 by the Ministry of External Affairs – Persons like the petitioners who had qualified for the year 2015 but were not successful in the draw of lots would have the benefit of exemption – However, rejection letters intimating non-allocation of quota to private tour operators for non-compliance of the clauses – Held: Respondent’s plea that the reasons were wrongly communicated in the rejection letter, is unsustainable – Thus, the letters of rejection are quashed – With passage of time certain reliefs have become infructuous – Time period for conducting Hajj tours for 2016 as well as 2017 is over – In three writ petitions, petitioners sought compensation as alternative plea for the loss accrued – Same principle to be applied in all the cases – In view of the mindless action of the respondents in rejecting the eligibility of the petitioners for 2016 on the grounds on which they were exempted, petitioners entitled to damages in public law – Thus, the petitioners awarded compensation of Rs.5 lakh per petitioner |
| Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
| Neutral Citation | 2018 INSC 453 |
| Petitioner | United Air Travel Services Through Its Proprietor A.d.m. Anwar Khan |
| Respondent | Union Of India Through Secretary (ministry Of External Affairs) |
| SCR | [2018] 5 S.C.R. 698 |
| Judgement Date | 2018-05-07 |
| Case Number | 631 |
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