1. Whether the amendment of Air Craft Rules 1937, by virtue of the introduction of Rule 3(54 A) with effect from 12.1.2009, makes it obligatory/mandatory for every Air Transport Undertaking to establish 'Tariff' which should include commission payable to the travel agents, is the question to be answered in this writ petition.

2. The practice of payment of commission showing it as part of 'Tariff' as provided under the Rules, was put an end to by many of the Air Transport Undertakings having principal place of business situated outside India, providing 'zero commission', with liberty to the travel agents to realize separate processing charges in the form of 'Transaction Fee' from the passengers; which is under challenge in W.P.(C).No.21908/2011. Subsequently, similar course was adopted by the domestic Air Transport Undertakings like Air India as well as Jet Airways. The direction given by the Director General of Civil Aviation (DGCA) vide Ext.P5 order dated 05.03.2010 in W.P. (C). No.21908/2011 in favour of the petitioners came to be watered down vide Ext.P11 order dated 28.07.2011 passed by another officer who assumed the office of the DGCA later. The petitioners seek to