The Supreme Court on Monday refused to entertain a petition filed by All India Tours Corporation seeking directions to the Union of India for the consideration as Private Tour operator (PTs) for the Hajj of year 2022 and inclusion of the name in the lists of the Haj Group Organisers (HGOs) for Haj-2022.
A bench of Justice Abdul Nazeer and Justice PS Narasimha observed that similar petitions have been dismissed earlier by the court and no relief can be granted at this stage.
The bench therefore dismissed the petition as withdrawn with liberty to the petitioner to pursue any other remedy as available in law.
During the hearing, Justice Nazeer said that, "Earlier petitions we have dismissed. Hajj programme has already commenced. Read our orders from last time. How many time left for Hajj now? At least you should have come one month before".
"List is ready, not declared. Please consider, it is my survival," the Counsel appearing for petitioners said.
"We are not inclined to pass any orders for Hajj 2022, let them consider this next year. Nothing can be done at this stage. It should've been done much earlier during Ramzan," Justice Nazeer said.
The bench suggested that the petitioner may withdraw the petition to approach appropriate authorities.
"Where will my business go? Its my survival," the counsel said.
"We have dismissed similar petitions. You may have merit, but no not at this stage it can't be done. Everything has to be reworked at this stage," the bench said.
The petitioner, doing the work of organising Haj, Umrah, Ziyatrat Tour business has submitted that the acceptance of its application form for the registration and allocation of Haj quota for Haj-2022 has been put on hold even after their online application and after fulfilling all the eligible criteria asper the guidelines of Haj Committee of India.
The petition filed through Advocate Md Shahid Anwar has stated that on 04.06.2019 the respondent issued certificate of registration of Haj Group Organiser for Haj-2019 to the petitioner and allotted total quota for 50 pilgrims. On 12th March 2020 a show cause notice was issued against the petitioner on an allegation made by one Shri Muzammil Khan and the petitioner was asked as to why not its security deposited with the respondent be forfeited and why the petitioner shouldn't be blacklisted.
It has been stated that on 18.03.2020 the petitioner replied and stated that the allegations are false and based upon completely wrong facts and the same deserve to be quashed. Further, a request to grant personal hearing in the matter was made so that correct facts can be proved before adjudicating the issue.
It has been submitted that the respondent came to know that final lists of the HGOs for Haj-2022 was prepared by the respondent where the petitioner's name is absent and a list for blacklisted HGO's has also been prepared which didn't have the petitioner's name either.
"In this manner the removal of name of the petition from the lists of the HGOs for Haj-2022 is arbitrary and in violation to the principle of natural justice despite complying all the guidelines and procedure issued by the respondent," the petition has stated
Case Title: AL ISLAM TOUR CORPORATIONS vs UNION OF INDIA, WP 389/2022