IMPORTANT POINT
Claim should not have been rejected on trivial grounds.

JUDGMENT :

ASHOK BHUSHAN, J.

These three writ petitions under Article 32 of the Constitution of India have been filed by three Private Tour Operators (PTOs) challenging the communications dated 31.05.2018 issued by the Ministry of Minority Affairs rejecting their applications submitted for registration of PTOs for Haj 2018. The applications of petitioners have been rejected for not fulfilling few conditions as enumerated in Annexure A of PTO Policy for Haj 2018.

2. The Haj Pilgrimage by Muslims all over the world has been treated as of utmost religious importance and Muslims all over the world have been going for Haj Pilgrimage to Makkah and Madina for last several centuries. Until year 2002, the Saudi Arabian Government was directly allotting visas for Haj to the private tour operators and separately allotting quota of visas for the Haj pilgrims travelling through the Haj Committee of India. Thereafter the Saudi Government started allotting one single quota of Haj visas to the Government of India, who in turn would allot part of the said quota to the PTOs and retained part of the said quota for itself for allotment through the Haj Committee of India.

3. The policy for allotment of quota to the private tour operators has been issued by the Government of India from time to time. The Policy for registration of private tour operators for Haj 2013 came for consideration before this Court and this Court after elaborate consideration approved the Haj Policy 2013 with certain modifications. This Court by its judgment dated 16.04.2013 in Union of India Vs. Rafique Shaikh Bhikan, (2013) 4 SCC 699, approved the Haj Policy 2013, Appendix I of the judgment contained the policy for registration of private tour operators – Haj 2013, the terms and conditions for registration of Private Tour Operators (PTOs) for Haj 2013 in Annexure-A, in Annexure-B other important instructions/guidelines for Haj 2013 and in Annexure-C application for registration as Private Tour Operators (PTOs). The policy was initially directed to remain valid for five years, i.e., 2013-2017. The Government of India has extended the said policy for the year 2018. The proceeding for formulation of fresh policy for the next five years, i.e., 2019 onwards is in process, we, however, in the present writ petitions are only concerned with the Haj Policy of 2018.

4. After 2013 also, there has been various subsequent decisions by this Court while considering Haj Policy for subsequent years, which shall be noticed by us little later. The Government of India (Ministry of Minority Affairs) vide its circular dated 09.12.2017 issued policy for Private Tour Operators for Haj 2018. The applications were invited on or before 05.01.2018. Annexure A to the policy was “Terms and Conditions for Registration of Private Tour Operators (PTOs) for Haj 2018”. Annexure B contained “Other Important Instructions/Guidelines for Haj 2018. Annexue contained “Application for Registration as Private Tour Operator (PTO)” Haj 2018. All the petitioners in pursuance of the said circular has submitted their applications for registration for Haj 2018. After certain queries, separate communication dated 31.05.2018 has been issued to petitioners refusing registration of them as Private Tour Operators for Haj 2018, which communication has been challenged.

5. The prayers made in all the writ petitions being identical, it is sufficient to notice the prayers made in the Writ Petition (C) No. 638 of 2018. which are to the following effect:

“(a) Declare that the order dated 31.05.2018 by the respondent is illegal and unconstitutional and consequentially, issue Mandamus to the respondent to register petitioner as a PTO for Haj 2018 and allot appropriate quota;

(b) Alternatively, Issue a Writ, order or direction in the nature of Mandamus commanding and directing the respondent to grant registration to the petitioner as PTO f