SANJAY KISHAN KAUL - (1.) A batch of writ petitions raises the issue of Private Tour Operators (for short 'PTOs') who are, inter alia conducting the travel business for Hajj and Umrah being disqualified for grant of registration for the year 2016 for the Hajj pilgrimage. The prayer is for quashing the identical communications dated 27.7.2016 issued by the respondent rejecting the application of the petitioners for registration and allocation of quota for the Hajj 2016 on the ground that they have not complied with certain clauses of the policy for the PTOs as laid down by this Court.
(2.) The issue relating to the Hajj policy and the registration of these PTOs has resulted in two judicial pronouncements by this Court in Union of India v. Rafique Shaikh Bhikan, (2013) 4 SCC 699 and Al Ismail Haj Tour v. Union of India, (2016) 15 SCC 246. The policy presented on behalf of the Government was approved by this Court with slight modifications and was annexed as Appendix-I to the order in Union of India v. Rafique Shaikh Bhikan, (supra) case referred to aforesaid to be called as 'Policy for Private Tour Operators for hajj 2013 - 2017'. The policy was to remain valid for a period of five years and was not to be questioned in any court or authority. The petitioners were all eligible to be qualified as PTOs for the year 2015 for Hajj pilgrimage but in the process of draw of lots dated 7.8.2015, luck did not favour them and they thus did not get quota. The relevant extract of the policy is as under: "Appendix I Ministry of External Affairs (Gulf and Haj Division) *** Registration of Private Tour Operators - Haj 2013 The Government of Saudi Arabia has notified that Private Tour Operators (PTOs) registered with the Government of India and involved in the preparation of the Haj Pilgrimage will be eligible for grant of Haj group visas subject to fulfilment of other terms and conditions as laid down by the Saudi Authorities.
(3.) Applications are invited from eligible PTOs for registration for Haj 2013. The eligibility criteria are at Annexures A and B. The applications must be submitted in the prescribed format (Annexure C) directly to MEA or any other agency appointed by it.;