AL ISMAIL HAJ TOUR versus UNION OF INDIA

AL ISMAIL HAJ TOUR versus UNION OF INDIA

Production of documents under stipulation (vii) of the PTO Haj Policy is only necessary at the stage of initial registration under Category I or II; once a PTO is registered, the insistence on proof of payment for subsequent years is neither supported by the approved policy nor required by logic; registration remains valid till 2017 unless the PTO is otherwise disqualified under the scheme.

Parties
Petitioner: AL ISMAIL HAJ TOUR; Respondent: Union of India
Jurisdiction
India
Judgment Date
08 July 2016
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ petitions disposed of with directions
Legal Topics
Haj Policy, Tour Operator Regulation, Quotas for Haj Pilgrims, Government Policy Clarification, Registration Criteria for Ptos
Constitutional Law Administrative Law Religious Law Haj Policy Tour Operator Regulation Quotas for Haj Pilgrims Government Policy Clarification Registration Criteria for Ptos

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Parties

AL ISMAIL HAJ TOUR

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether stipulation (vii) of the PTO Policy for Haj 2013-2017 requires production of documents evidencing payments for tickets and accommodation for every year by already registered PTOs.
  2. 2 Whether the government can insist upon proof of such payments for minimum two preceding years for allotment of quota under the approved policy.
  3. 3 Whether PTOs who were previously granted quotas are entitled to consideration for subsequent years absent dereliction or deregistration.

Ratio Decidendi

Production of documents under stipulation (vii) of the PTO Haj Policy is only necessary at the stage of initial registration under Category I or II; once a PTO is registered, the insistence on proof of payment for subsequent years is neither supported by the approved policy nor required by logic; registration remains valid till 2017 unless the PTO is otherwise disqualified under the scheme.

Court Disposition

Writ petitions disposed of with directions

Orders

  • Respondents are directed to consider the cases of all PTOs for allotment of quota in the light of these orders insofar as stipulation (vii) is concerned, subject to the fact that PTOs are otherwise eligible under the approved scheme.
  • If any PTO is to be deregistered, the government must provide reasonable opportunity before such action.