2016 Supreme(J&K) 651
IN THE HIGH COURT OF JAMMU AND KASHMIR
N. PAUL VASANTHAKUMAR, TASHI RABSTAN, JJ.
B.R. Manhas – Appellant
Versus
Union of India – Respondent
WP (PIL) No. 8 of 2016
Decided On : 17-03-2016
Advocate Appeared:
For the Respondent: Mrs. Sindhu Sharma.
The main legal point established in the judgment is the court's authority to issue a writ of mandamus directing the consideration of the petitioner's request for the facility of Passenger Reservation System (PRS) within the High Court premises.
Headnote:
Mandamus - Passenger Reservation System - The court directed the respondents to consider the request for separate reservation counters in the High Court premises at Jammu and Srinagar within 12 weeks, in line with the existing policy implemented in other court complexes.
Fact of the Case:
The petitioner, a practicing advocate, filed a writ petition seeking the issuance of a writ of mandamus directing the respondents to provide the facility of Passenger Reservation System (PRS) within the complexes of High Court of Jammu and Kashmir, similar to other court complexes in the country.
Finding of the Court:
The court directed the respondents to consider the petitioner's request for separate reservation counters within the High Court premises at Jammu and Srinagar, taking into account the existing policy implemented in other court complexes. The writ petition was disposed of with no costs.
Issues: The main issue was the petitioner's request for the facility of Passenger Reservation System (PRS) within the High Court premises at Jammu and Srinagar.
Ratio Decidendi: The court's decision was influenced by the existing policy of implementing Passenger Reservation Service (PRS) in other court complexes across the country, and the petitioner's representation highlighting the need for separate reservation counters due to the significant number of people visiting the court complexes.
Final Decision: The court directed the respondents to consider the petitioner's request for separate reservation counters within the High Court premises at Jammu and Srinagar, in line with the existing policy, and to make a decision within 12 weeks.
N. PAUL VASANTHAKUMAR, J.
1. This writ petition is filed praying for issuance of writ of mandamus directing respondent Nos. 1 and 2 to provide the facility of Passenger Reservation System (PRS) within the complexes of High Court of Jammu and Kashmir as has been done in other Court complexes, namely:-
1.
Supreme Court of India at New Delhi
2.
Delhi High Court, New Delhi
3.
Tis Hazari Court, District Court Delhi
4.
High Court of Patna
5.
High Court of Allahabad
6.
High Court of Uttaranchal at Nainital
7.
Punjab & Haryana High Court at Chandigarh
8.
Rajasthan High Court at Jaipur
9.
Andhra Pradesh High Court at Hyderabad
10.
Jharkhand High Court Ranchi
11.
Kerala High Court Ernakulam
12.
Madras High Court
13.
Madurai Bench of Madras High Court
14.
Chhattisgarh State New High Court Complex, Bodri
2. Mrs. Sindhu Sharma, learned ASGI on asking of the Court takes notice on behalf of respondents 1 and 2. Since the relief sought for is relating to respondents 1 and 2 alone, notices are not necessary to the other respondents.
3. The case of the petitioner is that he is a practicing advocate focusing the public cause by filing various Public Interest Litigation's. Pursuant to the decision taken by the Railway Board and Ministry of Railway, Government of India, which was conveyed vide its letter dated 02.02.2006 for Passenger Reservation Service (PRS) at location apart from the Railway Stations. Based on the said Policy, Passenger Reservation Service (PRS) was started within the complexes of several Courts of the Country, such as Hon'ble the Supreme Court of India at New Delhi; Delhi High Court, New Delhi, Tis Hazari Court, Delhi, High Court of Patna, High Court of Allahabad, Punjab and Haryana High Court at Chandigarh, Rajasthan High Court at Jaipur, Andhra Pradesh High Court at Hyderabad; Madras High Court at Chennai.
4. The said Policy was revised bearing Policy dated 04.10.2013, based on which the Passenger Reservation Service (PRS) was started in the complexes of the Jharkhand High Court, Ranchi, Madurai Bench of Madras High Court and Chhattisgarh State, New High Court Complex Bodri.
5. According to the petitioner, more than 10,000 people are visiting in the Court complex Janipur, Jammu and around 2,000 in the Court complex Srinagar for which separate reservation counters are required for the welfare of the Advocates, Staff of the High Court, Subordinate Courts as well as the litigants who are visiting in the Courts.
6. It is contention of the petitioner that the Jammu Railway Station is having so much rush due to pilgrimage to Vaishno Devi Shrine at Katra and Advocates, Court Staff have to stand in the long queues for hours together for getting train tickets. Hence there is necessary to have railway reservation counters in the Court premises at Janipur.
7. The petitioner has presented representation before filing this writ petition on 15.12.2015 pointing out all the facts before the 2nd respondent and the said representation is pending.
8. Since, the representation is pending and the respondents 1 and authority to consider the said request based on the Policy which has already been implemented insofar as, 14 Courts are concerned, respondents 1 and 2 are directed to consider the request of the petitioner seeking separate reservation counters in the High Court Premises at Jammu and Srinagar bearing in mind the Policy which is in vogue and take a decision within a period of 12 weeks.
9. The writ petition is disposed of in the above terms. No costs.