The judgment emphasized the limited scope of judicial review in policy matters and the need for policies to be grossly arbitrary or irrational to warrant interference.

JUDGMENT :

Jayant Nath, J.

1. This writ petition is filed seeking a writ/direction to the respondents to issue free Railway Passes to the vendors of the petitioner licensee for the purpose of Train Side Vending. Other connected reliefs are also sought for.

2. It is the case of the petitioners that petitioner Nos. 2 to 6 are running their vending business at railway stations for more than 40 years. The petitioners have been given license by the Railway Administration to run refreshment rooms, stalls, trolleys etc for serving food, snacks, fruits etc on the railway platform. It is stated that to regulate train side vending the respondents issued a commercial circular laying down policy guidelines regarding train side vending. As per the circular catering licenses of refreshment rooms enroute may be requested to provide train side vending and passes were to be issued to the staff between two pairs of stations. It is stated that in view of the aforesaid circular agreements were entered into between the licensee and the President of India through the Senior Divisional Commercial Manager. Separate license fees were charged for train side vending before issuing the passes. These passes were issued for limited period. Expired passes were to be returned to the Railways for issuance of fresh passes. It is stated that in some cases the license fee were directed to be deposited upto 2015 and in some cases upto 2016.

3. The situation changed after a circular was issued on 16.9.2015 regarding station based E-catering. Even after depositing of train side vending fees the vendor card/passes were not issued by the respondents. Despite service of a legal notice the respondents did not take action. Hence, the petitioners filed the Writ Petition before this court being W.P. (C) 7110/2016 for directions for issue of free railway passes to the petitioners for train side vending. This petition was disposed of on 11.8.2016 with a direction that the Writ Petition be treated as a representation by the respondent to be disposed of by the Chief Commercial Manager (Catering) Northern Railways, New Delhi by a reasoned order.

4. The said functionary disposed of the representation on 20.9.2016 noting that earlier train side vending was allowed by the Railway administration under specific scheme to the static catering licensees for serving passengers. However, now E-catering scheme has been introduced which gives an option to the passengers of ordering food of their choice at the station enroute their destination. Since the need of passengers is met through E-catering system, train side vending scheme and the issuance of passes for the same were not considered necessary.

5. Petitioners plead that the stand of the respondents is illegal and arbitrary. It is stated that in the absence of train side vending there is a lot of unauthorized vending in operation which is unhygienic and harmful to the passengers. It is further sought to be urged that large number of passengers are not equipped to place the orders through the e-catering system and hence grave inconvenience is caused to such passengers.

6. Hence, the present petition seeking a direction for issue of railway passes to the vendor for Train Side Vending.

7. The respondents have filed their counter-affidavit. As a preliminary objection it is stated that petitioner Nos. 2 to 6 have filed a similar petition under the garb of one Association or the other raising similar issues. It is stated that petitioner Nos. 1 and 4 have filed W.P. (C) No. 809/2017 titled Indian Railway Dalit Catering Co-operative Society Ltd. vs. Union of India which is pending in the Supreme Court R.P. No. 3392/2016 titled Union of India (Railways) vs. Ayub Wali Khan pending in the Supreme Court. Similarly other petitioners have also filed such writ petitions.

8. It is further stated that pursuant to judgment delivered by the Supreme Court dated 29.1.2016 in Civil Appeal Nos. 9921-9923/2014 Sr. DCM and Others vs. SCR Caterers Dry-fruit, Fruit Jui