IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 29590 of 2010(W) -------------------------- PETITIONER(S): --------------- M.K.ZUBAIR ALI, S/O.KUNJALI, AGED 57 YEA RS,THE MANAGING DIRECTOR,SAYED EBRAHIM BADSHAH, HAJ-UMRAH SERVICE,OPP.CENTRAL JUMA MASJID, TRIPRAYAR PO, NATTIKA THRISSUR. BY ADV. SRI.S.SAJU RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT,MINISTRY OF EXTERNAL AFFAIRS,CENTRAL SECRETARIAT, NEW DELHI-110001. 2. DEPUTY SECRETARY(HAJ) MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110001.TOL:011-26111781/82/FAX 83. 3. ALL INDIA HAJ UMRAH TOUR ORGANIZERS ASSOCIATION, RECOG.BY MINISTRY OF EXTERNAL AFFAIRS REPRESENTED BY ITS SECRETARY,2ND FLOOR, HALIMA MANZIL,4TH GAVITHAN LANE,OPP.P.O.ANDHERI (WEST),MUMBAI-400058. 4. CONSULAR GENERAL OF INDIA, OFFICE OF CONSULAR GENERAL JEDDAH,SAUDI ARABIA-01. 5. THE CHIEF EXECUTIVE OFFICER, HAJ COMMITTEE OF INDIA, HAJ HOUSE,7-A MRA MARG, MUMBAI-1. 6. UNDER SECRETARY(HAJ) MINISTRY OF EXTERNAL AFFAIRS, AKBAR BHAVAN, NEW DELHI. ASG SRI. T.P.M. IBRAHIM KHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29590 OF 2010(W) -------------------------------------------------- Dated this the 24th day of September, 2010 J U D G M E N T Petitioner states that they were engaged in Haj Pilgrimage Tour Program since 1996 and that they had obtained registration with the Ministry of External Affairs as a private Tour Operator way back in 2002. According to the petitioner on that basis they were being allotted 275 seats in the Haj Quota, till 2006. 2. It is stated that thereafter allotments were not made in 2007 and 2008, which according to the petitioner was for the reason that there was paucity in the quota available. In 2010, petitioner again applied for allotment of Haj quota. Complaining that his application was not considered, he approached in this court by filing Writ Petition.No.21366/2010. That writ petition was disposed of by Ext.P10 judgment dated 28th July, 2010 directing the 2nd respondent to consider their application. Petitioner was thereafter informed by Ext.P11 letter dated 19th August, 2010 that no decision has been taken in the case of Private Tour Operators for Haj 2010 and that as and when a decision is taken he will be WPC.No. 29590/2010 :2 : informed of the same. Petitioner submits that, subsequently treating them as a new Private Tour Operator, he has been alloted 50 seats for Haj-2010 and a publication to that effect has been made by the 2nd respondent in their website. 3. It is thereupon that this writ petition has been filed complaining that being Private Tour Operator who has obtained registration from the second respondent way back in 2002, the petitioner is entitled to have been alloted 275 seats on a par with other old Private Tour Operators. On that basis petitioner seeks a direction to the 2nd respondent to allot 225 seats out of the remaining unallowed quota. 4. Allotment of Haj quota is a matter for the 2nd respondent to do and obviously the allotment must be made complying with Article 14 of the Constitution of India. If as stated by the petitioner old Haj Private Tour Operators were allotted 275 seats each and as per the guidelines framed by the 2nd respondent, if the petitioner is entitled to be treated as an old private tour operator, prima facie there is no reason for the 2nd respondent to treat the petitioner in a manner different from the other old private tour operators. In any WPC.No. 29590/2010 :3 : case I do not wish to finally pronounce on the discrimination pleaded by the petitioner. In the facts of the case, I feel that it is a matter which needs to be considered by the 2nd respondent. 5. In order to enable the 2nd respondent to consider the claim of the petitioner afresh, I direct that the petitioner shall make a representation to the 2nd respondent setting out his grievances and producing a copy of the judgment, in which event the 2nd respondent will consider the claim of the petitioner and pass appropriate orders thereon. This shall be done immediately on the production of the representation along with a copy of the judgment and every effort will be made to take a decision before the remaining seats available in the Haj Quota are allotted. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ The second sentence in the 4th paragraph of the judgment dated 24/09/2010 in WP(c).No.29590/2010 is corrected and substituted as “if as stated by the petitioner, old Haj Private Tour Operators were allotted seats as WPC.No. 29590/2010 :4 : per the guidelines framed by the second respondent, and if the petitioner is entitled to be treated as an old private tour operator, prima facie, there is no reason for the 2nd respondent to treat the petitioner in a manner different from the other old private tour operators” vide order dated 28.09.2010 in I.A.No.13312/2010 in WP(c).No.29590/2010. Sd/-Registrar(Judicial)