JUDGMENT

Mini Pushkarna, J. (Oral) - The present writ petition has been filed seeking issuance of appropriate directions from this Court for quashing and setting aside Clause 2.7 of "The Policy for Archaeological Survey of India ("ASI") Photographers to perform within Centrally Protected Monuments" ("ASI Photographers Policy") notified by the ASI on 24th May, 2017, as amended on 17th July, 2018. By way of Clause 2.7 of the amended policy, the licences granted by ASI to photographers prior to 2012 are revalidated subject to the said photographers undergoing refresher courses with test conducted by the ASI. The petitioners have worked as photographers within the ASI protected monuments since the year 2012. Since the petitioners are not covered by Clause 2.7 of the amended policy as they do not have any previous licence issued by ASI prior to 2012, and are required to take written test, practical/viva-voce for grant of fresh licence as photographers in terms of the amended policy, being aggrieved by the same, the present writ petition has been filed.

2. As borne out from the pleadings, licence was required to be taken to work as photographers within the ASI protected monuments before the year 2012. However, the ASI amended the Ancient Monuments and Archaeological Sites and Remains Rules, 1959 on 20th January, 2012. Thus, after the 2012 amendment, the photographers were allowed to work in the ASI protected monuments by purchasing entry tickets. In view thereof, the petitioners worked as photographers within the ASI protected monuments from the year 2012 till the year 2016 taking advantage of the amended Rule of 2012 by virtue of which they worked as photographers in ASI protected monuments by purchasing entry tickets.

3. Subsequently, the ASI in the year 2016 issued Draft Rules pursuant to which the ASI proposed renewal of licences granted to photographers prior to 2012. Thereafter, the ASI notified its policy for ASI photographers to perform within Centrally Protected Monuments on 24th May, 2017, which was further amended on 17th July, 2018. As per Clause 2.6 of the said amended policy, all persons who are interested to carry out photography at ASI monuments for monetary consideration shall have to obtain licence from Director General, ASI. For this purpose, a selection process has been prescribed which comprises of written test, practical and viva-voce. As regards the photographers who had licence prior to the year 2012, they were required to take only a refresher course with test conducted by the ASI for revalidation of their licences, in terms of Clause 2.7 of the amended policy. Thus, the present writ petition has been filed challenging Clause 2.7 of the amended policy of the ASI.

4. On behalf of the petitioners, the following submissions have been made:

4.1. The policy notified by ASI on 24th May, 2017 as amended on 17th July, 2018 has to be applied prospectively and not retrospectively in terms of Clause 2.5 of the said policy. Therefore, the said policy can in no manner be applicable to the petitioners. The petitioners cannot be subjected to various tests, written and practical/viva-voce for grant of fresh licences. It is submitted that the said policy under Clause 2.5 read with amended policy dated 17th July, 2018 mentions that the policy shall come into force from the date on which it is formally notified.

4.2. It is submitted that taking photography at the protected monuments is a mode of self employment for which the respondent ASI could always bring into place relevant Rules/Regulations. However, to prohibit such means of self employment or to favour a class and allowing them to work under the ASI protected monuments to the exclusion of others will not only amount to arbitrary state action, but would also seriously jeopardise rights guaranteed to the petitioners under Article 19(1)(g) of the Constitution of India.

4.3. The said exercise of allowing a class only to do photography at protected monuments seems to have been done