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2023 Supreme(Del) 666
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Federation Haj Ptos of India – Petitioner
Versus
Union of India – Respondent
W.P. (C) Nos. 4885, 4888, 4896/2023, CM Appl. Nos. 18872, 18873, 18878, 18879, 18891, 18892/2023
Decided On : 18-04-2023
Advocate Appeared:
Sulaiman Mohd Khan, Taiba Khan, Mohd. Ainul Ansari, Bhanu Malhotra, Akash Bhusan, Gopeshwar Singh Chandel, Chetan Sharma, Mukul Singh, Anurag Ahluwalia. T.S. Nanda.
The main legal principle established is the importance of transparency and verification in the quota allocation process, justifying the court's decision to uphold the use of the HGO portal for document submission.
Headnote:
Haj Quota Allotment - Haj Quota Allotment - Haj Act 2023, Section 2(1)(a), Section 3(2) - The court considered the technical glitch in the HGO portal for Haj quota allotment and the requirement for documents to be uploaded through the portal. The court upheld the use of the portal for transparency and verification of HGOs, but allowed a 48-hour window for HGOs facing technical issues to re-submit their documents through the portal. The court emphasized the importance of transparency and verification in the quota allocation process.
Fact of the Case:
The petitions relate to the allotment of quota for Haj-2023. The petitioners sought directions to accept their replies to queries raised by the Ministry of Minority Affairs through email or in physical form due to a technical glitch in the HGO portal.
Finding of the Court:
The court upheld the use of the HGO portal for document submission to ensure transparency and verification of HGOs. However, it allowed a 48-hour window for HGOs facing technical issues to re-submit their documents through the portal.
Issues: The main issue was the acceptance of replies to queries raised by the Ministry of Minority Affairs through email or in physical form due to a technical glitch in the HGO portal.
Ratio Decidendi: The court emphasized the importance of transparency and verification in the quota allocation process, leading to the decision to uphold the use of the HGO portal for document submission while allowing a limited window for re-submission in cases of technical issues.
Final Decision: The court disposed of all three petitions and allowed a 48-hour window for HGOs facing technical issues to re-submit their documents through the portal, emphasizing that no further opportunities would be granted for document submission.
JUDGMENT :
PRATHIBA M. SINGH, J.
1. This hearing has been done through hybrid mode.
2. These are three petitions relating to allotment of quota for Haj-2023.
3. The present petitions have been filed by a Federation of Haj Group Organizers (hereinafter, ‘HGOs’) as also two individual HGOs seeking directions to the Respondents to accept the reply of the HGOs to the queries raised by the Respondent - Ministry of Minority Affairs through email.
4. The submission on behalf of the Petitioner by Mr. Khan, ld. Counsel, is that applications were filed by HGOs for allotment of quotas. Certain queries were raised by the Respondent through the HGO portal. However, when the Petitioners sought to submit the documents through the portal, an error due to a technical glitch occurred. The documents could not be uploaded. Hence, the prayer is that the reply of the Petitioners to the queries raised, ought to be accepted through e-mail or in physical form. The apprehension is that if the replies are not accepted, the Petitioners' applications would not be considered and no quota would be allotted to the said entities/persons. Mr. Khan, ld. Counsel has taken the Court through the screenshots of the HGO portal website to show that there was an error being shown on the portal. It is further submitted by the ld. Counsel that the parties have sent several e-mails pointing out this difficulty. However, the e-mails are not being responded to by the authorities.
5. On behalf of the Respondent, Mr. Chetan Sharma, ld. ASG along with Mr. Anurag Ahluwalia, ld. CGSC and Mr. Mukul Singh, Advocate submits that for accepting the applications by the HGOs, the HGO portal is being operated by the Respondent. The said portal was opened on 14th March, 2023 and the registration of the HGOs is being carried out since then. In order to bring transparency in the manner in which the allocation of quota would take place, the portal has been designed with a unique ID and password and the same have been allotted to the HGOs. It is submitted the same also ensures that only genuine HGOs are allocated the quota and the past experiences wherein pilgrims were left stranded when they visited for the Haj are not repeated.
6. The submission of ld. ASG, is that, insofar as the technical glitch is concerned, the Respondent is willing to send the observations/queries qua the Petitioners herein once again to enable them to submit their documents within 48 hours. He submits that the portal is functioning well which is evidenced by the fact that a total number of 810 applications were received on the portal. In addition, 11 applications were received wherein the documents were not submitted properly. In respect of 735 applications, queries were raised by the Ministry and 689 replies have already been received. Even today, 30 to 35 replies have been received on the HGO portal. Thus, according to the Respondent, the number of parties, entities or persons who may not have been able to submit the documents in response to queries would be very minimal.
7. Heard the ld. Counsel for the parties.
8. The Ministry of Minority Affairs, GOI, issued Notice dated 14th March 2023 inviting applications for registration of HGOs for the purposes of allocation of quota. Two categories of HGOs i.e., Category-1 and Category-2 were created for this purpose, based on the experience of the HGOs and their turnover. The Haj-2023 policy was challenged before the Supreme Court in W.P.(C) 375/2023 titled ‘Federation Haj PTOs of India v. Union of India’ and other connected matters. The policy was not interfered with and in respect of any grievances the Supreme Court directed parties to make representations. In the said writ petitions, vide order dated 27th March, 2023, the following order was passed:
“Heard the learned senior counsel appearing for the petitioners and the learned Solicitor General of India for the respondent-
