TMI Blog2018 (5) TMI 2121X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - W.P. (C) Nos. 631, 636, 634, 934, 941, 938 of 2016, 11 and 94 of 2017 - - - Dated:- 7-5-2018 - Jasti Chelameswar And Sanjay Kishan Kaul, JJ. JU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... least 150 pilgrims. Accordingly, the PTO Policy has been reframed. For registration and allotment of quota of Haj seats for Haj 2013, interested PTOs may apply under the following two categories: 4. 70% of the overall quota of seats will be allocated to eligible PTOs under Category 3(1) and 30% to eligible PTOs under Category 3(11). Distribution of seats among qualified PTOs will be done as follows: (a) 70% of the Haj 2013 PTO seats (31,500) will be allocated to eligible PTOs under Category 3(1) at the rate of 150 seats per PTO. In case the number of PTOs exceeds 210, the allocation of seats will be done on draw of lots. If the number of qualified PTOs is less than 210, each PTO will be allocated 150 seats and surplus seats, if any, will be distributed equally among them. (b) 30% of Haj 2013 PTO seats (9000) will be allocated to eligible PTOs under Category 3(11) at the rate of 150 seats per qualified PTO. If the number of qualified PTOs exceeds 90, the allocation of seats will be done by draw of lots. In case the number of PTOs is less than 90, each PTO will be allocated 150 seats. Balance seats, if any, will be transferred to Category 1 and distributed equall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of tickets and hiring of accommodation in Makkah and Madinah in respect of Umrah pilgrims facilitated by them in support of their claim. 5. The aforesaid, thus, provided that persons like the Petitioners who had qualified for the year 2015 but were not successful in the draw of lots would have the benefit of exemption of terms and conditions contained in Clauses (vii), (x), (xi) and (xii) of Annexure A. 6. For purposes of completion of record, we enumerate hereinbelow the said clauses of Annexure A: ANNEXURE-A Terms and Conditions for Registration of Private Tour Operators (PTOs) for Haj-2016 Each PTO should establish that it is a genuine and established Tour Operator having experience in sending tourists/pilgrims abroad for which it should produce the following documents: 7. The Petitioners, however, faced identical rejection letters of 26.7.2016 (sent through e-mail dated 27.7.2016), the contents of which are as under: Subject: Intimation regarding non-allocation of quota to Private Tour Operators (PTOs) for Haj-2016. Dear Sirs, This has reference to your application regarding registration for Haj 2016. 2. On scrutiny o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself. Orders are not like old wine becoming better as they grow older. 11. The aforesaid legal position, thus, makes the stand of the Respondent unsustainable, resulting in the quashing of the impugned letters of rejection. 12. The question, however, rises what relief can be granted in such a situation. 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. In three of the writ petitions, i.e., WP(C) Nos. 631/2016; 634/2016 636/2016, there is a specific alternative plea for compensation to the Petitioners for the loss accrued due to non-grant of registration for the Hajj of 2016. While there is no such specific plea in the other writ petitions, given the identical situation, we are of the view that the same principle ought to be applied in all these cases. The Petitioners cannot be left r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emedy would be available under public law notwithstanding that damages are claimed in those proceedings. 14. The aforesaid aspect was, once again, emphasized in Common Cause, A Registered Society v. Union of India (1999) 6 SCC 667. We may also usefully refer to N. Nagendra Rao Co. v. State of A.P. (1994) 6 SCC 205 qua the proposition that the determination of vicarious liability of the State being linked with the negligence of its officer is nothing new if they can be sued personally for which there is no dearth of authority. 15. 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 g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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