- (1.) The petitioners No.1 to 20 are aggrieved with a notice issued by the 3rd respondent, the Secretary of the Army Club, barring entry to civilians by notifying that only defence service personnel, ex-servicemen of the three services and officers paid out of defence estimates will be allowed to utilize the facilities in the Kharga Environmental Park and Training Area (in short 'KEPTA). This cryptic notification is reported to be in pursuance of the decision taken by the 3rd respondent acting as per the policy guidelines issued by the Army Headquarter, New Delhi and Headquarter, Western Command that the civil members and tenure members in KEPTA would come by a change regarding their status of membership who will have only "civilian golfers- playing privileges only" and "tenure golfers-playing privileges only" that would require to be renewed quarterly and annually. This was in modification of the existing status when the civil members were entitled to the club house facilities and their membership which was for life had been curtailed to periodical basis of having to renew quarterly/annually.
(2.) The petitioners' case has a little history that would require to be narrated before addressing the tenability or otherwise of the petitioners' claim. There was a club called the Kharga Golf Club located at the Ambala Cantonment which was managed and maintained by Sirhind Club Ambala Limited. The club could not maintain the golf course and the facilities merely out of subscription and therefore, in a meeting held on 22.05.1973, the members had decided that the management would be taken over by the Army and all civilian members and members of the Sirhind Club Ltd. would be extended membership of the Golf Club. The civilian who had been receiving the privileges of being admitted to membership at the Golf Course and the club facilities inside were initially admitted as temporary members and thereafter confirmed them as permanent members and issued with identity cards.
(3.) It appears that in a scrutiny by the Comptroller and Auditor General it learnt that the officers who are actually running the club did not maintain the accounts properly. In order to bring a greater responsibility and administrative and fiscal discipline, the Army Golf Club was rechristened as Army Environmental Park and Training Area. New bye laws had been circulated and clause 13 which dealt with different types of membership had the following to say about the status of all civil membership. "Civilian Membership (i) No new civ membership is permitted as per Army HQ letter No.B/87893/Golf/Q3L (Policy)/14 dated 24 Jul 01. (ii) Only those members who have been gtd membership prior to Jul 01 to continue." The first curtailment of the admission rules was that no civilian membership was permitted after 24.07.2001. Admittedly, all the petitioners are persons who had been admitted to membership prior to that date. Their own playing rights were set forth in the same clause and that are set out as under:- "Playing Rights. The playing rights shall be given to a member as deemed fit after screening of application by committee comprising the COS, Brig A and CE and duly approved by the Patron. The playing rights shall be governed by fwg guidelines:- (i) Member is permitted to play on the golf course and use practice range. (ii) Member is permitted to take part in golf events/tournaments. (iii) Playing rights will not include the usage of club facilities. (iv) Playing rights will not include reciprocal membership of other clubs affiliated with KEPTA. (v) Playing rights will not include participation in tournaments org by other clubs as a member of KEPTA.";