Delhi High Court - Orders
Oscar Tours And Travels vs Union Of India on 20 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15737/2022
OSCAR TOURS AND TRAVELS ..... Petitioner
Through: Mr. Santhosh Krishnan & Ms.
Deepshikha Sansanwal, Advs.
versus
UNION OF INDIA ..... Respondent
Through: Mr. Farman Ali, SPC, Mr. Krishan
Kumar, Ms. Usha Jamnal, Advocates.
Mr. S.S. Verma, Ministry of Minority
Affairs
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 20.03.2023
1. This hearing has been done through hybrid mode. CM APPL. 13392/2023 in W.P.(C) 15737/2022
2. This is an application filed by the Petitioner - Oscar Tours And Travels, a proprietary firm seeking interim relief in order to enable it to participate as a HAJ Group Organiser (HGO) for HAJ pilgrimage, 2023.
3. The petition has been filed challenging the order dated 23rd May, 2022 passed by the Respondent - Ministry of Minority Affairs, Haj Division vide which, after the proprietor had passed away, the transfer of the experience of the Petitioner firm to the current proprietor was rejected by the Respondent.
4. The Petitioner firm was registered for organizing HAJ pilgrimage for 8 years. It is currently being run by the son of the earlier proprietor.
5. In the present petition, notice was issued by this Court on 15th November, 2022 and the matter is pending for adjudication. In the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.03.2023 19:26:39 meantime, the HAJ policy for 2023 has been announced wherein the HGOs have to file their applications and seek registration for the same.
6. The apprehension of the Petitioner is that the experience of the firm may not be counted in deciding eligibility, as required under the new HAJ policy and its application may be rejected owing to the demise of the earlier proprietor.
7. The Court has heard ld. Counsels for the parties. Mr. S.S. Verma, from the Respondent ministry is also present in Court.
8. A perusal of the present HAJ policy, 2023 for HGOs would show that there are two categories i.e. category 1 and category 2 for whom the experience required is as under:
"HGO Policy for Haj 2023:
1. Categories of HGOS and Eligibility Criteria There will be two categories of Haj Group Organisers:
i. Category-1 - HGOs having experience of minimum 3 Haj and an annual turnover of Rs. 5 crore or more from Haj and/or Umrah operations in any of the preceding two years (excluding 2020 and 2021 which were hit by COVID pandemic). They should also fulfil other terms and conditions for being eligible as an HGO (Annexure-I).
70% of the total quota will be reserved for category-1 HGOs.
ii. Category-2 - HGOs having experience of upto 2 Haj and/or at least 3 Umrah with an annual turnover of Rs. 1.5 crore or more from Haj and/or Umrah operations in any of the preceding two years (excluding 2020 and 2021 which were hit by COVID pandemic) are covered under this category.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.03.2023 19:26:39The term 1 Umrah means "a minimum of 50 Umrah pilgrims in a year in any of the preceding 5 years"
30 % of the total quota will be earmarked for category- 2 HGOs."
9. A perusal of the aforementioned policy shows that the COVID-19 period of 2020-2021 has been excluded from the calculation of experience for HGOs. In the present case, the earlier proprietor of the Petitioner concern passed away during these very years i.e. in 2020-21 and his son has taken over the business.
10. On a prima facie consideration of the matter, it appears that the HAJ pilgrimages, which are organized on an annual basis, require sufficient infrastructure. Even a sole proprietorship concern would require sufficient amounts of staff, computers, clientele etc. in order to be able to organize the HAJ pilgrimage. Though experience is vested usually in a sole proprietor in a sole proprietary concern, such concerns are business concerns, which may be small or medium in size. The businesses are run with staff, infrastructure and involve family members as well. Such concerns have suffered immensely during COVID-19 pandemic and in any case, it cannot be said without further examination that the said concerns when taken over by their family members or others closely involved with the business, would not continue to enjoy the experience that the deceased proprietor enjoyed.
11. The case of the Petitioner is the current proprietor was involved in the business which was being run by his father and has gained sufficient experience. He also claims to have sufficient experience in the form of travel as reflected in his passport. Accordingly, at the prima facie stage, it cannot be said in a blanket manner that the Petitioner firm's experience Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.03.2023 19:26:39 would be washed away completely after the demise of the earlier sole proprietor.
12. In view thereof, as an interim measure, it is directed that the Petitioner would be permitted to file an application for registration as an HGO for the HAJ, 2023. The Respondent may call the Petitioner for interaction, examine and understand the level of experience, which the current proprietor has and on that basis, the application of the Petitioner be processed and the status report be placed before this Court as to in which category, if any, can the Petitioner be considered for the purpose of registration. The application of the Petitioner shall however not be rejected.
13. The said application shall be filed by 28th March, 2023. The interaction by the Respondent shall be held by 10th April, 2023 and the report shall be placed before this Court on the next date of hearing.
14. List on 17th April, 2023 at top of the Board.
15. The above shall be without prejudice to the rights and contentions of the parties.
PRATHIBA M. SINGH, J.
MARCH 20, 2023 dk/kt Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.03.2023 19:26:39