Dr. B.S. Chauhan, J. - (1.) This petition has been filed by certain Tourist Guides for quashing certain portion of Rule 8(d) of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959 (hereinafter referred to as the 'Rules') that have been framed under Section 38 of the Ancient Monuments and Archaeological Sites and Remains Act, 1959 (hereinafter referred to as the Act') A direction has also been sought that the respondents may not interfere with the working of the petitioners as Tourist Guides.
(2.) The petitioners claim that they have been working as Tourist Guides for the last 8-20 years and that even their ancestors have been working as such on the basis of a licence granted by Sajjada Nashin of the Dargah at Fatehpur Sikri. However, after the enactment of the Act and the framing of the Rules, the Tourism Department of India had started interfering with the working of the petitioners and is insisting that they obtain the licence from the Department of Archaeology or the Department of the Tourism. The petitioners claim that they are conversant with the English, Hindi and Urdu and have derived sufficient knowledge from their ancestors about the Monuments.
(3.) We have heard the learned Counsel for the petitioners and Dr. A.K. Nigam, learned Counsel appearing for the respondents.;