CWP No.12580 of 2009.doc - 1 – cwp No.HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12580 of 2009 Date of Decision: 24.08.2010 **** Travel Agents Association of Northern India . . . Petitioner VS. Union of India and others . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Puneet Bali, Advocate for the petitioner Mr. Anmol Rattan Sidhu, Asstt. Solicitor General with Ms. KK Kahlon, Advocate for respondent Mr. Vipul Dharmani, Advocate for respondent No.4 ***** SURYA KANT J. (ORAL) (1). The petitioner is Travel Agent Association of Northern India. It seeks quashing of the order dated 04.05.2009 (Annexure P15), whereby, their representation/legal notice containing various grievances, has been turned down. The petitioner- Association also seeks a writ of Prohibition restraining the official respondents No.1 to 3 from handing over the work of submission of Passport application forms exclusively to respondent No.4 – CWP No.12580 of 2009.doc - 2 – Tata Consultancy Services under the “Passport Seva Project”. (2). The respondents have filed their reply/affidavit. (3). Learned counsel for the parties have been heard at some length and records perused. (4). Learned counsel for the petitioner-Association at the outset does not press their challenge to the award of contract to respondent No.4 for submission of the Passport applications. He, however, submits that whatever privileges/authorization has been given by the Government of India to the registered and recognized Travel Agents, namely, the members of the petitioner-Association should be allowed to be performed/exercised by them. In addition, he submits and rightly so that the respondents in their reply/affidavit have recognized and acknowledged the contribution made by the travel agents and to that extent only they be allowed to perform their role. In this regard, it would be appropriate to reproduce the following “Role of Travel Agents under the Passport Seva Projects” highlighted by the respondents in their written statement:- xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx CWP No.12580 of 2009.doc - 3 – “An application who has difficulty in filling up/online filling up of passport application and status enquiry of application may seek assistance from Travel Agents in the new Passport Seva Project. Therefore, Travel agents may still play role to that extent in the new Passport Seva Project. However, such applicant has to come to the Passport Seva Kendra for submission of application, fingerprint and digitization of photograph requirements and the Travel agents will have no role in that process.” xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx (5). The respondents have further averred that:- xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx “The Ministry of External Affairs has not recognized the Association of travel agents, nor travel agents for passport services. The Ministry in fact on 23rd July, 1992 had abolished the system of recognition of travel agents. However, the travel agents were free to deposit passport application forms in the passport offices like any other individual, but with authorization letter from the applicant. A travel agent’s role was thus limited to mere deposit of a limited number of application forms in the passport offices on behalf of applicants, insofar as fresh and reissue of passports were concerned.” CWP No.12580 of 2009.doc - 4 – xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx (6). Keeping in view the above-reproduced stand taken by the respondents in their counter-reply, the writ petition is disposed of with a direction to respondents No.1 to 3 to adhere to their above- reproduced stand and also follow the Notification/Rules, if any, framed/notified by the Government of India from time to time granting any type of privileges/assignment to the recognized Travel Agents. (7). Ordered accordingly. (8). Dasti . (SURYA KANT) JUDGE 24.08.2010 vishal shonkar