The judgment established the principle that while enforcing registration conditions for HGOs, the fundamental right to religious freedom, particularly the right to undertake the Haj pilgrimage, must be protected.

ORDER

Chandra Dhari Singh, J. (Oral)

CM APPL. 32058/2023 (Exemption)

Subject to the petitioner filing the clear, original and legible/typed copies of any dim documents on which the petitioner may seek to place reliance, within four weeks from today, exemption is granted for the present.

The application is disposed of.

CM APPL. 32059/2023 (Stay)

1. The instant application has been filed challenging the suspension of the Registration Certificate and Quota of the Haj Group Organizer (HGOs) as published on 25th May, 2023 of the petitioner in the Consolidated List of Allocation of Haj quota for Haj-2023 and the Show Cause Notice subsequently issued against the petitioner/HGO on 26th May 2023 by the respondent.

2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner's registration certificate and Haj quota have arbitrarily been ordered to be kept in abeyance till the finalization of proceedings in a complaint-related matter. It is submitted that this aforesaid course of action has taken place after the petitioner was found eligible/qualified as per the HGO Policy for Haj-2023 in the list dated 5th May, 2023 of eligible HGOs. Subsequently, the petitioner was issued a Registration Certificate and Quota Allocation on 18th May, 2023.

3. It is submitted that the respondent issued notice/circular inviting applications from eligible HGOs for registration and allocation of Quota for Haj-2023. The policy for registration and allocation of Quota for Haj-2023 was also attached with the said notice.

4. The petitioner submitted/uploaded the application for registration and allocation of Quota for Haj-2023 on the E-Haj portal of the respondent. The respondent declared the list of eligible and ineligible HGOs for Haj-2023 on its website on 5th May 2023. The petitioner was placed in the said list of eligible/qualified HGOs. The respondent, accordingly, sent the respective Registration Certificate to the petitioner and also allocated respective Haj Quota seats to the petitioners.

5. It is submitted that the respondent on 25th May 2023 issued the consolidated list of allocation of Haj Quota for Haj-2023 and published a comment against the name of the petitioners, which read as "Registration Certificate & Quota Kept in abeyance till finalization of proceedings in complaint related matter" Subsequently, vide email dated 26th May, 2023 the respondent sent a "Show Cause Notice" in relation to a complaint against the petitioner and asked the petitioner to reply to the same within 3 days on the ground of the alleged defaults committed by the petitioner.

6. It is contended that the petitioner have already sent the reply to the Show Cause Notice issued by the respondent objecting to the allegations made is completely false and bogus complaint and other issues to the satisfaction of the respondent.

7. Learned counsel appearing on behalf of petitioner submitted that the action of the respondent of withholding of Registration Certificate and allocation of Haj quota post the scrutiny of the petitioner's application and declaration of petitioner as eligible HGO, when the petitioner has already taken booking from the Pilgrims and the pilgrims have paid in advance for the same, is completely arbitrary and in blatant violation of the fundamental rights of the petitioner, as well as the rights of the pilgrims, as enshrined under Articles 14,19 & 21 of the Constitution of India.

8. It is submitted that the respondent, as a matter of principle of natural justice, should not stop the petitioner to undertake Haj Quota for Haj-2023 as the complaint is bogus and the petitioners have satisfied the HGO Policy. It is further submitted that even if any inquiry/investigation needs to be conducted the respondent can have a thorough investigation and then decide the fate of the petitioner. The HGO Policy has sufficient safeguards in the form of forfeiture of the security deposit and blacklisting of an HGO found in wrongdoings, and therefore, thor