IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 8.12.2011 C O R A M : THE HONOURABLE MR.M.Y.EQBAL, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.21787, 21788, 21715 of 2011 and W.P.(MD).Nos.7507, 7676 and 9691 of 2011 and M.P.No.1 of 2011 M/s.United Visa Services Pvt.Ltd. Rep.by its Director S.Arullazaran No.7 & 8, First Floor, "Sindhur Plaza" No.42, Montieth Road, Egmore, Chennai-600 008. ... Petitioner in W.P.21787/2011 M/S.EMERALD AIRWAYS PVT.LTD. REP BY ITS MANAGING DIRECTOR PREMA RADHAKRISHNAN F 30 SPENCER PLAZA 1 ST PHASE 1 ST FLOOR 769 ANNA SALAI CHENNAI 2. ..PETITIONER IN W.P.21788 OF 2011 FEDERATION OF TRAVEL ASSOCIATION HAVING ITS OFFICE AT NO.193 VALLUVARKOTTAM HIGH ROAD NUNGAMBAKKAM CHENNAI-34 REP. BY ITS SECRETARY. ..PETITIONER IN W.P.21715 of 2011 E. VEERA RAJENDRAN , TRAVEL AGENT (PROPRIETOR SELVI TRAVELS) 18, KONDAPPA NAYAKKAR PALAYAM PUDUKKOTTAI POST AND TALUK ..PETITIONER IN W.P.7507 OF 2011 APPROVED TRAVEL AGENTS WELFARE ASSOCIATION OF TRICHY, HOUSING OFFICE AT SANTHANA MAHAL, MADURAI ROAD, TRICHY 620 008. .. PETITIONER IN W.P.7676 OF 2011 https://hcservices.ecourts.gov.in/hcservices/ 1. SUJI TRAVELS, REP. BY ITS PROPRIETOR SURYANARAYANAN, S/O. SHANMUGAM, F-58, SHOPPING COMPLEX, PERIYAR BUS STAND, MADURAI-1. 2. SURA TRAVELS, REP. BY ITS PROPRIETOR B. SITHARANJANDOSS, S/O. BENNETT, NO.20, PWDA COMPLEX, KANYAKUMARI. 3. KRISHNA TRAVELS, REP. BY ITS PROPRIETOR THANU, S/O. SORIMUTHU, CITY COMPLEX, ALEXANDRA PRESS ROAD, NAGERCOIL, KANYAKUMARI DISTRICT. 4. SEELA PRIYA TRAVELS, REP. BY ITS PROPRIETOR K.SEELA, W/O. KRISHNAMOORTHI, T.41,CORPORATION SHOPPING COMPLEX, T.P.K.ROAD, MADURAI-1. ..PETITIONERS IN W.P.9691 OF 2011 -vs- 1.Union of India, rep.by its Secretary, Ministry of External Affairs, Patiala House Annexe, New Delhi. 2.The Regional Passport Officer, Regional Passport Office, Shastri Bhavan, No.26, Haddows Road, Chennai-600 006. ... Respondents in W.P.21787, 21788 and 21715/2011 Passport Officer, Trichy -8 ..Respondent in WP No.7507/2011 Union of India, rep. by its Joint Secretary (CPV) & Chief Passport Officer, Ministry of External Officer/Affairs Room No.20,Ist Floor, Patiala House Annexe New Delhi ..Ist Respondent in WP 7676& 9691/2011 https://hcservices.ecourts.gov.in/hcservices/ The Passport Officer, Passport Office, Water Tank Building, West Buliwar Road, Trichy-620009 ..2nd Respondent in WP 7676/2011 The Passport Officer, Passport Office, Madurai ..2nd Respondent in WP 9691/2011 PRAYER in W.P.No.21787 of 2011 : Petition filed under Article 226 of the Constitution of India seeking for the issuance of a writ of mandamus forbearing the respondents, their men, agents, servants, subordinates or any other person or persons claiming through them or authorized by them from, in any manner, preventing the petitioner from submitting fresh Passport Applications and other Applications for Miscellaneous Services through Online for and on behalf of the applicants and from visiting the Passport Seva Kendras alongwith the respective applicant for the purpose of assisting them up to the stage of taking biometrics and photographs and follow-up to find out the status of the application under the guise of the Circular under Ref.F.No.MAS/551/21/TA/2011, dated 07.9.2011 of the second respondent. Writ of declaration to declaring the circular No.TRI/12(1) Admin/2002 dated 28.6.2011 issued by the passport officer, Trichy,as null and void and to pass such further or other orders as may deem fit. (in WP 7507/2011) call for the records relating to the circular dated 20.6.2011, having ref.No.TRI/12(1) Admin/2002 and ref.No.TRI/12(1)Admin/2002 issued by the 2nd Respondent herein and quash (in WP 7676/2011) direct the 2nd respondent to accept the passport applications on behalf of the Applicants in hard copy as well as on line application by using their Travel Agency Login I.D. and to pass such further or other orders(in WP 9691/2011) For petitioner : Mr.M.Mohammed Rafi in W.P.Nos. 21787, 21788 of 2011 and W.P.(MD).No.7676 of 2011 Mr.AR.L.Sundaresan, SC for Ms.A.L.Gandhimathi in W.P.21715/2011 Mr.E.VeeraRajendran, Party in Person in W.P.(MD).No.7507 of 2011. Mr.S.Ramasamy in W.P.(MD).No.9691 of 2011 For respondents : Mr.M.Ravindran, Addl.Solicitor General https://hcservices.ecourts.gov.in/hcservices/ of India asstd. by Mr.K.Ravindranath, SCCG and Mr.A.S.Vijayaraghavan, SCGSC O R D E R THE HON'BLE THE CHIEF JUSTICE AND T.S. SIVAGNANAM, J. Since the issues involved in all these writ petitions are identical, they were heard together and disposed of by this common order. Though varied prayers have been sought for in these writ petitions, all the petitioners seek to forbear the respondents from in any manner preventing them from submitting fresh passport applications and other applications for miscellaneous services through online for and on behalf of the passport applicants and from visiting the Passport Seva Kendras (PSKs) along with the applicants for the purpose of assisting them. 2. The petitioner in W.P.No.21715 of 2011 is an Association whose members are stated to be travel agents. The other writ petitions have been filed by individual travel agents. 3. According to the petitioners, travel agents were recognized by the Ministry of External Affairs, New Delhi and the Regional Passport Office. The Ministry of External Affairs, by a Circular, dated 24.7.1992, withdrew the system of recognizing travel agents. However, the travel agents were free to deposit passport application forms at the Regional Passport Offices like any other individual. The said Circular was challenged and this Court in the judgment reported in 1992 Writ L.R.801 (Selvi Travels etc. -vs- Union of India), quashed the same. Therefore, it is contended that the travel agents continued to act on behalf of the passport applicants and assist them in the submission of the application and miscellaneous services. 4. It appears that the Regional Passport Officer, the second respondent herein, issued a Circular dated 11.9.2007 stating that passport applications submitted by travel agents will be accepted only after registration in the internet using online facility available for travel agents in the website of the Ministry and the Agents were required to obtain User ID and password. Subsequently, by another Circular, dated 05.7.2010, details for updating the data of travel agents were called for and the petitioners herein appeared to have submitted those details. It is admitted by the Association that after the completion of all formalities, the passports are directly despatched to the respective applicants by the Regional https://hcservices.ecourts.gov.in/hcservices/ Passport Officer. While the matter stood thus, the Government took a policy decision to introduce a system for issuance of passports by establishing Passport Seva Kendras (PSKs) throughout the country and such facility was to be made available under public/ private partnership. M/s.Tata Consultancy Services was identified as the private partner for the said system. According to the petitioner, all of them are recognized travel agents and hitherto a separate counter was available in the Regional Passport Office to receive the applications through recognized travel agents on the basis of the authorization letters given by the applicants, and separate time slot was also given for receipt of such applications and by virtue of the new system, the petitioners' rights have been seriously infringed. 5. The learned Senior Counsel appearing for the petitioner in W.P.No.21715 of 2011 contended that the restriction of services rendered by the recognized agents under the guise of introduction of Passport Seva Kendras (PSP) is arbitrary and illegal and even through the Passport Seva Kendras, applications are to be submitted online and there is absolutely no justification to prevent the recognized travel agents from submitting applications on behalf of the applicant through online supported by authorisation letters. Therefore, it is contended that the restriction imposed is unreasonable and violative of Articles 14 and 19(1)(g) of the Constitution of India. Further, it is submitted that the prohibition of services of the recognized travel agents under the guise of security is meaningless and does not have any rationale. 6. The learned Additional Solicitor General, by relying upon a common counter affidavit filed, submitted that the Ministry of External Affairs by notification, dated 23.7.1992, abolished the system of recognizing travel agents and writ petitions were filed in various High Courts challenging the said abolition. Further, the Central Government received several reports of cheating and fleecing of innocent applicants by '''Fly-by-Night Travel Agents" and the Ministry examined the matter further and issued a new set of guidelines on 18.7.2000. In terms of the said guidelines, travel agents were free to deposit passport application forms in Passport Office like any other individual, but with authorisation letter from the applicant. Therefore, the role of the travel agent was limited to the mere deposit of limited number of application forms in the Passport Office on behalf of applicants. It is further submitted that the Ministry of External Affairs, exercised the sovereign function of issuing passports to Indian citizens and passports are issued from 37 passport offices across the country and Indian Missions/Posts abroad. During the recent past, owing to globalization, there has been an increased demand for passports. The National e-Governance Plan (NeGP) of the Government of India https://hcservices.ecourts.gov.in/hcservices/ identified the passport issuing system as a Mission Mode Project for improvements in public services and increasing the efficiency level and this project is entitled as Passport Seva Project (PSP). It is further stated that the number of applications for passport and other passport services received by all the passport offices in India for the year 2010 is 63.10 lakh and as on 30.6.2011, there are 9.54 lakh applications pending in these passport offices. Therefore, to streamline and speed up the process, the project was launched and the Government of India announced opening of 77 Passport Seva Kendras (PSKs) in the country and the project was to be implemented throughout the country by entering into an agreement with M/s.Tata Consultancy Services. It is further submitted that by a communication, dated 07.9.2011, all travel agents were informed about the Passport Seva Project and the limited role that Travel Agents will perform. One of the travel agents filed a writ petition before this Court being W.P.No.13320 of 2011, wherein he sought for a declaration to declare that the agreement entered into between the Ministry of External Affairs with M/s.Tata Consultancy Services and the Passport Application Rules, 2010 published vide Notification, dated 03.5.2010 as null and void. This Court, by an order, dated 10.6.2011, dismissed the writ petition. Further, the learned counsel relied upon various paragraphs in the counter affidavit to state the role, which the travel agents could perform. 7. Heard the learned Senior Counsel for the petitioner, other learned counsel for the petitioners, one of the petitioners appearing in person and the learned Additional Solicitor General appearing for the respondents. 8. As noticed above, all the writ petitioners have sought for a direction to forbear the respondents from in any manner preventing the travel agent to accompany the passport applicants to the Passport Seva Kendra and to assist them in the process of application and other allied services. The Circular, dated 07.9.2011, by which certain restrictions were introduced, has not been questioned in any of these writ petitions. In the said Circular, all recognized travel agents were informed by the Ministry of External Affairs that the Ministry is in the process of implementing the Passport Seva Project (PSP), which is a Mission Mode Project under the National e-Governance Plan of the Government of India and under the said Project, three Passport Seva Kendras under the jurisdiction of Regional Passport Office, i.e. at Nelson Manickam Road, Vadapalani and Tambaram would be opened from 16.9.2011. 9. The PSP has launched and is running successfully in centres of Regional Passport Office at Bangalore and Chandigarh, Trichirapalli, Madurai and Coimbatore. It was clarified that the https://hcservices.ecourts.gov.in/hcservices/ role of a recognized travel agency in the existing system (before PSP was launched), is limited to mere depositing of application forms in the Passport Offices on behalf of the applicants on the strength of their authorisation letters and in the interest of National Security, the role of travel agencies under the PSP Scheme has been defined by the Ministry of External Affairs. 10. At this stage, it will be useful to quote the decision of the Ministry, which reads as under:- "An applicant who has difficult 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. Applicant has to come to the Passport Seva Kendra for submission of application, fingerprint, and digitization of photograph requirement and the Travel Agents will have no role in that process. The Travel Agents can continue to submit the application forms under the existing system till the date of which appointment received in the existing system." 11. Thus, based on the above stipulation, it is not as if the travel agents have been completely denied of their right to assist the applicants for passport related service, but their role has been defined by the Ministry and they are entitled to assist the applicant in filling up the online passport application forms, enquire about the status, etc. However, for the purpose of issuance of passports, the applicant is required to come to the Passport Seva Kendra so that, fingerprint can be obtained and degitalization of the photograph can be done. In this process, the travel agent will have no role. Therefore, prima facie we are unable to appreciate the stand taken by the petitioners that there is absolutely no justification to prevent them from submitting the application on behalf of the applicants. At the first instance, we have to point out that it is a policy decision taken by the Government. No doubt, policy decisions are not immune from challenge if they violate the Fundamental Right guaranteed under the Constitution or if they are arbitrary or obnoxious. In fact, this Court while considering the validity of the agreement entered into between the Ministry of External Affairs and M/s.Tata Consultancy Services and the Passport Application Rules, 2010 in W.P.No.13320 of 2011, also took note of the approach of the Passport Seva Project. At this stage, it would be useful to refer to the operative portion of the said judgment, dated 10.6.2011, which reads as under:- "5. It is seen that the Government of India, https://hcservices.ecourts.gov.in/hcservices/ Ministry of External Affairs during October 2008 have signed an agreement on Passport Seva Project with M/s.Tata Consultancy Services and the project is being implemented on a Public Private Partnership (PPP) mode. The object of such project, as could be seen from the information furnished in the official website (filed in the typed set of papers) is to the following effect:- "The total demand for passports is expected to grow to over 10 million in 2011. To meet this rapidly growing demand, the Ministry of External Affairs conceived the Passport Seva Project which is expected to be completed in phases by January 2010. It will result in the issue of passports within three days, and where police verification is required, within three days after the completion of the verification process. Tatkal passports will be issued on the day of submission of the application. 77 passport Seva Kendras will be opened all over the country. The pilot locations for the project are Bangalore and Chandigarh and the pilot sites will be functional by June 2009. The design of this project ensures that only support functions like improving citizen interface, managing the technology backbone, the call centres, training and change management etc. are provided by TCS, and the Government will continue to exercise all sovereign and security related functions in the passport issuance process. Security aspects have been fully taken care of in the project with all strategic assets including the Data Centre, Database and the Application Software to be owned by the Government. The Ministry of External Affairs has also started issuing e-passports, also known as biometric passports, in the diplomatic and official categories since June 2008, with full roll out of e-passports in the ordinary passport category by September, 2009. The e-passports will be much safer against forgeries and will further facilitate the movement of their holders through the border points equipped with e- passport reading machines." https://hcservices.ecourts.gov.in/hcservices/ 6. Thus, the Government have taken a policy decision to evolve a project with Public Private Partnership in order to expedite the issuance of passports to serve the public interest and we see no grounds to term such a project as being arbitrary or unreasonable. 12. As could be seen from the counter affidavit, the decision taken by the Government of India to make a new Regulation was with a view to make it universally applicable and non-discriminatory so that an applicant who requires the assistance may approach any travel agency to seek assistance for online registration/enquiry under the Passport Seva Project and under the new Regulation, no new category of travel agency is being created, as all travel agencies are equal and no accredition or special login ID is required from the Passport Office or Ministry of External Affairs. Further, it has been stated that the policy decision has been taken in the interest of national security as it has come to the notice of the Government of India that persons with false names and false addresses had obtained passports under the earlier system. Several criminal prosecutions have been launched and in order to block the loopholes in the earlier system, the PSP system has been introduced, in which, citizens have to apply online and come to the PSK on the appointed day with the relevant document for verification and for taking fingerprint and digitalization of photo. Further, under the new scheme, no one can enter the PSK except the citizens, who apply for passport and the role of the third party is minimized, the travel agents can assist the citizens outside the PSK to fill up applications online and get date of appointment for interview and above all National Security is given the paramount importance in the new system, which eliminates middlemen. 13. In Union of India -vs- Recognized Travel Agents Welfare Association reported in 2002 Writ L.R.763, a Division Bench of this Court was considering the correctness of the decision of the learned Single Judge, whereby the learned Single Judge issued a direction that the Regional Passport Office shall continue to hand over passports to the travel agents, when a Circular was issued that the passport should be directly despatched to the applicant. The Division Bench, while allowing the appeals filed by the Union of India, observed as under:- 10. The Passports Act does not provide for recognition of travel agents to whom the Government owes any obligation. If for the purposes of convenience, the Government had in the past allowed certain travel agents to deal with the Passport Office on behalf of those applying for passports such past dealings does not create in those agents a right to continue as such https://hcservices.ecourts.gov.in/hcservices/ agents for ever, nor does it create in them a right to insist on a particular scheme being preserved for all time to come. It also does not clothe them with any right to object to the modification that any be effected in the scheme with regard to the manner in which the passports would be delivered to all applicants. It is necessary to stress what is already obvious that the rule framed by the Government with regard to the mode of delivery of the passport is not a rule intended for any particular Section of the citizens or for any group of travel agents with whom it would deal. It is a rule on general application. It applies to each and every applicant for a passport and every applicant for a passport may receive the passport only in the mode prescribed by the Government, namely, the passport being sent to the applicant by way of registered post with acknowledgment due or delivered to the applicants in person. 14. Therefore, in the light of the legal position that the Passport Act having not provided for recognition of any travel agents and if for the convenience of the public, certain circulars were issued in the past, there is no reason as to why the same cannot be altered, modified to suit the present requirements. Therefore, we are of the view that at no stretch of imagination, the petitioners who are travel agents could be heard to state that, as a matter of right, they are entitled to accompany the applicant to the Passport Seva Kendra and remain with them throughout for the purpose of obtaining passport. 15. Hence, for all the above reasons, we find that the petitioners have not made out any case for interference and the prayer sought for by the petitioners is thoroughly misconceived. All the writ petitions are, therefore, dismissed. Consequently, the connected miscellaneous petitions are also dismissed. However, there will be no order as to costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. js https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government of India, Ministry of External Affairs, Patiala House Annexe, New Delhi. 2. The Regional Passport Officer, Regional Passport Office, Shastri Bhavan, No.26, Haddows Road, Chennai-600 006. 3. The Passport Officer, Trichy -8 4.The Joint Secretary (CPV) & Chief Passport Officer, Ministry of External Officer/Affairs Room No.20,Ist Floor, Patiala House Annexe New Delhi 5. The Passport Officer, Passport Office, Water Tank Building, West Buliwar Road, Trichy-620 008 6.The Passport Officer, Passport Office, Madurai 1 cc to Mr.H.S. Mohammed Rafi, Advocate, Sr. 74859 2 ccs to Mr.M. Mohammed Rafi, Advocate, Sr. 75353, 75352 2 ccs to Mr.A.S. Vijayaraghavan, Advocate, Sr. 74934 1 cc to M/s. AL. Gandhimathi, Advocate, Sr. 75029 2 ccs to MR.E. Veerarajendran, Party in person, SR. 74603 W.P.NoS.21787, 21788 and 21715 of 2011 and W.P.(MD).Nos.7507, 7676 and 9691 of 2011 and Connected MPs. TS (CO) kk 21/12 https://hcservices.ecourts.gov.in/hcservices/