IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WA.No. 1632 of 2009 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.12508/2009 Dated 01/07/2009 .................... APPELLANTS/PETITIONERS ---------------------------------------- 1. ABDUL JALAL,AGED 70 YEARS, S/O.KHADERKUNJU, 11/99,MUCHETHU HOUSE, NEDUMTHODU, MUDICKAL P.O., PERUMBAVOOR, ERNAKULAM DISTRICT - PIN - 683547 2. IBRAHIM, AGED 64 YEARS, S/O.ABOOBACKER, VARIKKADEN HOUSE, PALLIKKAVALA, MUDICKAL P.O. OPERUBAVOOR, ERNAKULAM DISTT. PIN-683547. BY ADV. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE & SRI.M.A.ABDUL HAKHIM RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. HAJ COMMITTEE OF INDIA, 4TH FLOOR, HAJ HOUSE, 7-A MRA ARG (PALTON ROAD) MUMBAI-400001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. KERALA STATE HAJ COMMITTEE, HAJ HOUSE, CALICUT AIRPORT P.O., MALAPPURAM DIST-673647, REPRESENTED BY ITS EXECUTIVE OFFICER/ DISTRICT COLLECTOR. 3. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI. R1 & R3 BY ADV.SRI.T.P.M.IBRAHIM KHAN, ASST. SOLICITOR GENERAL R2 BY SR.GOVERNMENT PLEADER SMT.K.MEERA ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 TO 3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A No.1632 of 2009 ------------------------------------------ Dated this the 15th day of September, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the rejection of the writ petition filed by the petitioners seeking for a direction to respondents 1 and 2 to consider their applications on a preferential basis considering their age and previous non-allotment for the purpose of Haj Pilgrimage, the present writ appeal is filed. 2. It is contended by the learned counsel for the appellants that the appellants herein are two group leaders aged about 70 years and 64 years respectively, of the group of nine persons in all, who are their spouses and very close relatives, and they had applied for Haj Pilgrimage before the Committee for the past three occasions and were unsuccessful. As the Haj Committee failed to consider their request, the present writ petition was filed. WA.No.1632 of 2009 - 2 - 3. It is vehemently contended that though large number of seats are available and especially taking into consideration that almost ten percent of the same has been reserved for VIPs and VVIPs, the appellants/petitioners who are at the fag end of their life, were denied illegally, opportunity to perform Haj which is very sacred for the Muslim community. 4. On issuance of the notice, the respondents represented by the Assistant Solicitor General of India have filed their detailed counter affidavit, inter alia, contending that no doubt there was no preference given to the previously non allotted pilgrims, but from next year onwards it is proposed to do so. Taking into consideration the fact that the appellants are very old and especially when large number of seats are reserved for VIPs and others and a chunk of nearly 50000 seats is given to the private tour operators, in our view, the appellants' case requires positive consideration, especially taking into consideration their ripe age and the fact that they had applied for WA.No.1632 of 2009 - 3 - Haj unsuccessfully for the previous two years, namely 2007 and 2008. It is not much in dispute that so far there is no policy to make difference between first timers and repeaters. This is practically discriminatory. Taking into consideration the overall aspects of the matter, we find that the rejection of the writ petition by the learned Single Judge on technical ground is not well founded. No doubt, the learned Single Judge has given certain directions for the future, but that may not solve the problem of the appellants herein. 5. Hence while retaining the directions issued by the learned Single Judge for the future, we allow the writ petition and direct respondents 1 and 2 to accommodate the appellants and their group members consisting of nine in number for the Haj Pilgrimage of 2009. Respondents 1 and 2 are directed to take immediate steps in this regard and ensure that the direction issued by this Court is complied with expeditiously and immediately. We have also kept in mind the interim order of WA.No.1632 of 2009 - 4 - reserving nine seats by the Committee is in operation and hence there will not be any difficulty to follow the direction. However, it is made clear that this order is passed in the peculiar facts and circumstances of the case and the same shall not be treated as a precedent for others. With this observation the writ appeal stands allowed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku.