2018 (5) TMI 2121 - SC - Indian Laws

Rejection of application of the Petitioners for registration and allocation of quota for the Hajj 2016 - rejection on the ground that they have not complied with certain clauses of the policy for the Private Tour Operators (PTOs) - HELD THAT:- The passage of time has made certain reliefs infructuous. The time period for conducting Hajj tours for 2016 as well as 2017 is over. Thus, even the alternative relief prayed for 2017 has become infructuous - The Petitioners cannot be left remediless. The mindless action of the Respondents in rejecting the eligibility of the Petitioners for the year 2016 on the very grounds on which they were exempted necessitates that the Petitioners should be entitled to damages in public law so that they are compensated, at least, to some extent for not having been able to carry on with their business on account of illegal action of the Respondents.

The principles of damages in public law have to, however, satisfy certain tests. In NILABATI BEHERA @ LALITA BEHERA VERSUS STATE OF ORISSA [1993 (3) TMI 355 - SUPREME COURT], it was observed that public law proceedings serve a different purpose than private law proceedings.

In the facts of the present case, the arbitrariness and illegality of the action of the authority is writ large. The Petitioners have been deprived of their right to secure the quota on a patently wrongful order passed for reasons, which did not apply to them and for conditions, which had been specifically exempted. What could be a greater arbitrariness and illegality? Where there is such patent arbitrariness and illegality, there is consequent violation of the principles enshrined Under Article 14 of the Constitution of India. The facts of the present case are, thus, undoubtedly giving rise to the satisfaction of parameters as a fit case for grant of compensation.

The amount for each of the Petitioners be remitted by the Respondents within two months from the date of this order failing which the amount would carry interest @ 15 per cent per annum apart from any other remedy available to the Petitioners - Petition allowed.