J.CHELAMESWAR, A.M.SAPRE
AL ISMAIL HAJ TOUR – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT
Chelameswar, J.
1. This Court by its judgment in Union of India & Others v. Rafique Shaikh Bhikan & Others (2013) 4 SCC 699 (hereinafter Rafique Shaikh Bhikan, 2013), approved a policy (with some modification) framed by Government of India for the registration of Private Tour Operators (“PTOs”) for HAJ 2013 (hereafter referred to as “APPROVED POLICY”). This Court opined that such a policy “avoids creation of any monopoly and makes provision for entry of fresh players”.
2. The modified and APPROVED POLICY is appended to the judgment as Appendix-‘I’ [Para 27. Having heard the Attorney General and the counsel appearing for the different private tour operators, we approve the policy presented by the Attorney General with some slight modifications. The policy, approved after modifications by this Court, is enclosed as Appendix I and forms part of this order. The approved policy will be called “Policy for Private Tour Operators for Haj, 2013-2017”. It shall remain valid for five years and shall not be questioned before any court or authority]. It can be seen from the said judgment that though the policy as framed by the Government of India was meant only for one year i.e. for Haj
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