IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 21095 of 2009(F) ---------------------------------------- PETITIONER(S): -------------------------- P.M.ABDUL NAZER, PROPRIETOR, AL FAROOK HAJJ SERVICE 'ROSE MAHAL' (NEAR KOYAS) FEROKE P.O., KOZHIKODE. BY MR.P.RAVINDRAN, SENIOR ADVOCATE, MR.P.DEEPAK. RESPONDENT(S): --------------------------- 1. THE GOVERNMENT OF INDIA, REP.BY THE SECRETARY TO GOVT. IN THE MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI. 2. THE JOINT SECRETARY (GULF AND HAJ) MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI. 3. THE DEPUTY SECRETARY (HAJ), MINISTRY OF EXTERNAL AFFAIRS, AKBAR BHAVAN, CHANAKYAPURI, NEW DELHI. 4. HAJ COMMITTEE OF INDIA (CHC) REPRESENTED BY ITS CHAIRMAN, HAJ HOUSE, 7-A, M.R.A. MARG, PALTON ROAD, MUMBAI. BY MR. P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2009 ALONG WITH WPC.NO.21188 OF 2009 AND WPC. NO.21219 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C)s.21095, 21188 & 21219/2009 -------------------- Dated this the 30th day of July, 2009 JUDGMENT I heard learned senior counsel Mr.P.Ravindran for the petitioners and learned ASG, Mr.P.Parameswaran Nair for the respondents. 2. The issue raised in these writ petitions are almost identical. Therefore, they have been dealt with together and are being disposed of by a common judgment. I will refer to the facts in W.P.(C).21095/2009 which will govern the other writ petitions also. 3. Petitioner is a Private Tour Operator engaged in primarily facilitating Haj Pilgrimage to Saudi Arabia. Out of the total quota allotted to Indian pilgrims, 1,15,000/- pilgrims are sponsored by the Government of India through the Haj Committee. 45000 is allotted to the private operators. There were 297 Tour operators and these 45000 will have to be distributed among this 297 Operators + certain other operators who have been applying for a W.P.(C).21095/09 & Connected Cases 2 quota during the last three years but were not allotted so far. 4. In so far as the petitioners are concerned, they have been granted a quota for the last four years. Private Tour operators who were not allotted any pilgrims, had approached the Madras High Court in Writ Petition No.37331/2007 against the decision of the Ministry of External Affairs not to allot them a quota for Haj Pilgrimage. The issue was ultimately decided by a Division Bench where the Government of India was directed to take a decision, keeping in mind the clarification that was then issued by the Government of Saudi Arabia. 5. It now comes about, that the Government of India took a decision, to permit the entry of new Private Tour operators also and it was decided that those Tour operators who have been registered for the last years but not allotted any pilgrims during the last years, will be allotted 50 pilgrims and a similar quota would be allotted to those W.P.(C).21095/09 & Connected Cases 3 tour operators who have been registered for the last two years as well. 6. The system as such has not been impugned by the petitioners who are the existing operators. But they are aggrieved that in the whole process, they have been excluded from the list of eligible tour operators who are allotted pilgrims in accordance with the system that has now been devised by the Government. On instructions, learned ASG submits that the petitioners are not ineligible as such, but the applications submitted by them were found to be defective. The list of Tour operators along with the number of pilgrims is being drawn up and in the meanwhile, certain directions issued by the Bombay High Court have also to be kept in mind while finalizing the list. In so far as the petitioners are concerned, their applications were defective. Mr.Ravindran submits that had this defect been pointed out earlier, it would have been cured in time. W.P.(C).21095/09 & Connected Cases 4 7. Considering the submissions made by both sides and in the facts and circumstances of the case, it is directed that respondents 1 to 3 shall consider the case of the petitioners also as existing Private Tour operators, for allocation of the quota of Haj pilgrims for the year 2009 along with other Private Operators who have been allotted such quota during the said period. Petitioners shall be given a notice of the specific defects, detected in their applications. They shall be granted three days time to cure the defects. Thereafter their applications shall be dealt with on a par with other eligible Tour operators. Writ petitions are disposed of as above. V.GIRI, Judge mrcs