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2014 (7) TMI 623 - HC - Indian LawsRight against discrimination - discrimination by the respondent Railways between the wait-listed passengers who have purchased e-tickets through the internet and the wait-listed passengers who have purchased tickets in the physical form from the Reservation Counters - wait-listed passengers holding e-tickets are prohibited from boarding the train whereas wait-listed passengers holding tickets in the physical form are entitled to board the train and take a chance of occupying any seats / berths available owing to “no-show” of the passengers in whose name the confirmed booking exists - Held that:- counsel for the petitioner was unable to show to us any Rule / Regulation or provision which entitles a wait-listed passenger holding ticket in the physical form to so board the train. Section 155 of The Railways Act, 1989 prohibits any passenger from entering a compartment wherein no berth or seat has been reserved for his use and provides for his removal and punishment for the same. The same does not make any distinction between a passenger holding e-ticket and a passenger holding ticket in the physical form - Therefore, question of the wait-listed passenger holding e-ticket being discriminated, owing to the prohibition contained in the impugned Circular from boarding the train, does not arise. Automatic cancellation of waiting e-tickets - Held that:- During the hearing we were also informed from the data collected by the petitioner through the medium of Right to Information Act, 2005 that no refund is obtained of a large number of wait-listed tickets issued in the physical form. Therefrom it is sought to be pointed out that the number of wait-listed passengers holding tickets in the physical form so boarding the train and travelling is large - Therefore, railway is directed to within a period of six months from today, consider the matter in the perspective discussed above and to devise ways and means for preventing the practise, if any in vogue of the touts / unscrupulous elements for their own gain blocking the seats / berths by making reservation therefor in bogus names and then making such seats / berths available to bona fide passengers willing to pay premium, by allowing them to board the train on the basis of wait-listed tickets in physical form and occupy the seats / berths of the bogus reservation - Decided partly in favour of Petitioner.
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