TMI Blog2014 (7) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... / 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 fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urchased tickets in the physical form from the Reservation Counters of the respondent Railways. It is contended that while the wait-listed passengers holding e-tickets are prohibited from boarding the train, the 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. 2. Attributing the said discrimination to Rule 2.11.1 d e of Commercial Circular No.36 of 2011 dated 7th July, 2011 and titled Introduction of e-ticketing and ticketing through mobile phone on Web Portal of Indian Railways issued by the Railway Board and which prohibits fully wait-listed passenger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Once the counsel for the petitioner is unable to show that a wait-listed passenger holding ticket in the physical form is entitled to so board the train, the question of the wait-listed passenger holding e-ticket being discriminated, owing to the prohibition contained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on can be said to have been made out. 8. 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. It is argued that the passengers holding e-tickets are deprived of such an opportunity. 9. Such a possibility, in our view, cannot be ruled out. 10. The counsel for the respondent Railways has also argued that one of the objectives of introducing e-ticketing is to do away with the menace of blocking ..... X X X X Extracts X X X X X X X X Extracts X X X X
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