Kerala High Court
K.M.Hassainar vs Union Of India on 16 August, 1983
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938
WP(C).No. 15896 of 2012 (J)
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PETITIONER(S):
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1. K.M.HASSAINAR,AGED 58 YEARS,
S/O.MUHAMMED HAJI,RESIDING AT RAHMATH MAHAL,
VALANCHERY POST,MALAPPURAM DISTRICT-676552.
2. V.C.SAIDALAVI KOYA THANGAL,AGED 63 YEARS,
S/O.MUTHUKOYA,THANGAL,RESIDING AT
VALIYACIYARANTHINGAL HOUSE,BEACH ROAD,
CHETTIPADY POST,MALAPPURAM DISTRICT-676315.
BY ADVS.SRI.K.GOPALAKRISHNA KURUP (SR.)
SRI.T.B.HOOD
SRI.S.MANU
SRI.DENNING K.BABU
RESPONDENT(S):
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1. UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF EXTERNAL AFFAIRS,PATIALA HOUSE ANNEX,
TILAK MARG,NEW DELHI-110 001.
2. THE CHIEF PASSPORT OFFICER,
CONSULAR PASSPORT AND VISA (CPV)DIVISION,PATIALA
HOUSE ANNEX,TILAK MARG,NEW DELHI-110 001.
3. THE PASSPORT OFFICER,
PASSPORT OFFICE,KOZHIKODE,ERNAHIPALAM POST,
KOZHIKODE-673006.
4. THE PASSPORT OFFICER,
PASSPORT OFFICE,MALAPPURAM,INTERCITY ARCADE,
DOWN HILL POST,MALAPPURAM-676519.
BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WPC 15896 OF 2016:
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APPENDIX
PETITIONER(S) EXHIBITS
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EXT-P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO M/S
RAHMATH TRAVELS TO DEAL WITH KOZHIKODE PASSPORT OFFICE IN
PASSPORT MATTERS.
EXT-P2 TRUE COPY OF THE COMMUNICATION DATED 16.8.1983 SENT BY THE
3RD RESPONDENT TO THE 2ND PETITIONER AUTHORIZING HIS TRAVEL
AGENCY TO DEAL WITH KOZHIKODE PASSPORT OFFICE IN PASSPORT
MATTERS.
EXT-P3 TRUE COPY OF THE LETTER DATED 6.2.2012 SENT BY THE 4TH
RESPONDENT TO M/S RAHMATH TRAVELS.
EXT-P4 TRUE COPY OF THE REPRESENTATION DATED 2.4.2012 SENT BY THE
IST PETITIONER TO THE 2ND RESPONDENT
EXT-P5 TRUE COPY OF THE REPRESENTATION DATED 11.4.2012 SENT BY THE
2ND PETITIONER TO THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS NIL
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/TRUE COPY/
P.A.TO JUDGE
K.V.
SHAJI P. CHALY, J.
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W.P.(C). No.15896 of 2012
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Dated this the 16th day of March, 2017
JUDGMENT
Petitioners are recognized travel agents authorized by the Passport Officers to deal with the Passport Offices in passport related matters. Earlier, authorized travel agents assisted applicants in completing the formalities for presenting the passport applications and submitting the applications on behalf of the applicants. But later authorized travel agents were permitted to submit applications and passport offices sent the passport directly to the applicants by post. Recently Passport Seva Kendras were opened and approved travel agents like the petitioners are completely excluded. Travel agents can only assist the applicants to fill-up the online applications. In the Passport Seva Kendras authorized travel agents do not enjoy the rights and privileges, which they are enjoying in the passport offices. It is thus aggrieved by the denial of right to submit passport applications on behalf of the applicants in the Passport Seva Kendras, this writ petition is filed.
W.P.(C). No.15896 of 2012 2
2. A detailed statement is filed by the respondents refuting the claims and demands raised by the petitioners in the writ petition. It is also stated that, enough and more Passport Seva Kendras are opened across the country for delivering of front- end citizen services and all other allied activities. It is also stated that, with a view to achieve the above objectives, the recommendations of NISG were examined by the Ministry and after consultation with the Ministry of Finance, Ministry of Home, Department of Information Technology and Department of Personnel & Training, proposal was submitted to the Union Cabinet to outsource the front-end activities of passport issuance system and inter alia setting up of PSKs all over the country. The Union Cabinet approved the proposal during September, 2007. After following the open bidding in two - stage process as per Government of India Financial Rules, M/s.TCS were selected as a private partner to implement the Passport Seva Project. Subsequently an agreement was signed between the Ministry and TCS on 13.3.2008. Now the activities are undertaken by the said private partner in accordance with the directives issued by the respondents. Various parameters are provided as per the W.P.(C). No.15896 of 2012 3 new scheme in order to reduce Police verification time etc. etc. Entire activities are now fully computerized and therefore, various aspects could be unearthed against the applicants through latest information technology made available by the private partner in accordance with the terms and conditions of the agreement. It is also submitted that, petitioners have no legal right to insist that, they are entitled to continue as agents for submitting passport and for dealing with the same in the Passport Offices or in the Passport Seva Kendras.
3. Having heard learned Senior Counsel for the petitioners, learned counsel appearing for ASGI and perusing the documents on record and the pleadings put forth by the respective parties, I do not think, petitioners have made out any legal ground so as to secure any relief as sought for in the writ petition. The Union of India is vested with responsibilities in the matter of issuance of passport as per the provisions of the Passports Act, appendant rules and various notifications and office memorandums issued from time to time. Merely because recognized travel agents were permitted earlier to do the passport dealings, that will not confer any right on the W.P.(C). No.15896 of 2012 4 travel agents to canvass a proposition that, an inevitable right is accrued to them in order to deal with the Passport Seva Kendras constituted by the Government for rendering the passport services to the public at large. Moreover, the Government is duty bound to provide sufficient infrastructure facilities to the applicants of passport to secure the passport in a speedy and effective manner. It was thereupon that, the Government have decided to entrust the work to a private partner by inviting tenders. Therefore, the Passport Seva Kendras are constituted in order to carry out the work, related to issuance of passport and other allied works. That apart petitioners are not staking their claims on the basis of any statutory recognition or right conferred.
4. Taking note of the factual circumstances and reckoning the legal circumstances discussed above, I do not find any illegality, arbitrariness, malafides or unfairness on the part of the respondents in entrusting the Passport Seva Kendras to deal with the passport applications of the Indian citizens. However, learned Senior Counsel for petitioners submitted that Exts.P4 and P5 applications submitted by the petitioners are pending W.P.(C). No.15896 of 2012 5 consideration before the Ministry of External Affairs and a direction may be issued to consider the same.
5. In that view of the matter, even though I am not inclined to grant any relief as sought for in the writ petition, it will be open to the competent among the respondents to take on board Exts.P4 and P5 and consider the same in accordance with law after providing a notice of hearing to the petitioners, Writ petition is dismissed, however, subject to the above observations.
Sd/-
SHAJI P. CHALY JUDGE smv 17.03.2017