UNION OF INDIA & ORS. versus RAFIQUE SHAIKH BHIKAN & ANR.

UNION OF INDIA & ORS. versus RAFIQUE SHAIKH BHIKAN & ANR.

Eligibility conditions for PTO registration (minimum office area, annual turnover, security deposit) are neither arbitrary nor unreasonable; object is pilgrims' welfare, not PTO business profits; nomination to Goodwill Hajj Delegation violates Article 14 as it lacks rational basis; Hajj subsidy must be progressively eliminated within ten years; Union of India directed to file detailed affidavit on quota allocation and selection procedures.

Parties
Petitioner: Union of India; Respondent: Rafique Shaikh Bhikan; Respondent: Another respondent
Jurisdiction
India
Judgment Date
08 May 2012
Procedural Posture
Special Leave Petition (civil) / Interim Order on Policy; Other Connected Matters Disposed
Outcome
Interim order issued; main SLP pending; other connected SLPs, transfer petitions, and applications disposed as infructuous.
Legal Topics
Hajj Policy, Registration of Private Tour Operators, Subsidy Reduction, Goodwill Delegation, Quota Allocation
Constitutional Law Administrative Law Religious Rights Hajj Policy Registration of Private Tour Operators Subsidy Reduction Goodwill Delegation Quota Allocation

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Parties

Union of India

Petitioner

Rafique Shaikh Bhikan

Respondent

Another respondent

Respondent

Procedural Posture

Special Leave Petition (civil) / Interim Order on Policy; Other Connected Matters Disposed

Legal Issues

  1. 1 Whether eligibility conditions for registration as Private Tour Operators (PTOs) for ferrying Hajj pilgrims are reasonable and non-arbitrary
  2. 2 Whether minimum office area, annual turnover, security deposit requirements for PTOs are justified
  3. 3 Whether disqualification in case of court cases against PTOs is valid

Ratio Decidendi

Eligibility conditions for PTO registration (minimum office area, annual turnover, security deposit) are neither arbitrary nor unreasonable; object is pilgrims' welfare, not PTO business profits; nomination to Goodwill Hajj Delegation violates Article 14 as it lacks rational basis; Hajj subsidy must be progressively eliminated within ten years; Union of India directed to file detailed affidavit on quota allocation and selection procedures.

Court Disposition

Interim order issued; main SLP pending; other connected SLPs, transfer petitions, and applications disposed as infructuous.

Orders

  • Union of India to progressively reduce and eliminate Hajj subsidy within ten years.
  • Union of India to file affidavit detailing allocation of 11,000 quota seats for 2012 Hajj and selection procedure by Hajj Committee of India and State Hajj Committees.