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2020 Supreme(Mad) 1992
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.M. SUNDRESH, R. HEMALATHA, JJ.
Dr. A.S. Mohamed Khader Meeran - Appellant
Versus
The Secretary, Government of India, Ministry of Health & Family Welfare, New Delhi & Others - Respondent
W.P.No. 8820 of 2020
Decided on : 18-09-2020
Advocate Appeared:
For the Appellant :A. Syed Kaleesha, Advocate.
For the Respondents:R. Sankaranarayanan, Addl. Solicitor General assisted by M.P. Jaishah, P.T. Ramkumar, Advocate.
The main legal point established is that the facility of concession tickets through e-ticketing services for various categories of passengers eligible for concession under the current rules of Railways was not required, as concession tickets are already issued to persons with disabilities and senior citizens through online facility.
Headnote:
Concession Tickets - IRCTC e-ticketing - The court disposed of the writ petition seeking to extend the facility of concession tickets through e-ticketing services, stating that concession tickets are already issued to persons with disabilities and senior citizens through online facility, and that booking online cannot be equated with physical booking.
Fact of the Case:
The petitioner filed a writ petition seeking a direction to extend the facility of concession tickets through e-ticketing services for various categories of passengers eligible for concession under the current rules of Railways.
Finding of the Court:
The court disposed of the writ petition, stating that concession tickets are already issued to persons with disabilities and senior citizens through online facility, and that booking online cannot be equated with physical booking.
Issues: The main issue was whether the facility of concession tickets through e-ticketing services should be extended to various categories of passengers eligible for concession under the current rules of Railways.
Ratio Decidendi: The court found that concession tickets are already issued to persons with disabilities and senior citizens through online facility, and that booking online cannot be equated with physical booking.
Final Decision: The writ petition stands disposed of by taking note of the affidavit filed by respondents 4 to 6, with an expectation for compliance in letter and spirit. No costs were awarded.
JUDGMENT :
M.M. Sundresh, J.
(Prayer: Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to issue appropriate orders to start the facility of booking concession tickets (for patients), through IRCTC e-ticketing service for trains beginning after 1st June 2020, to provide reimbursement for the eligible passengers (patients category) who have booked train tickets through IRCTC and made payments without availing the concession (for trains beginning from June 1st, 2020) and to take steps to provide concession ticket booking facility through IRCTC e-ticketing facility (Website and app) for all the concession categories including patients, widows, students, youths, awardees, farmers (kisans), medical professionals etc., who are eligible for concession under the current rules of Railways, after initiation of regular train services.)
The petitioner has come forward to file this writ petition seeking a direction to the respondents to extend the facility of concession tickets through e-ticketing services apart from what has been offered to those who are booking tickets in person.
2. In the counter affidavit filed by respondents 4 to 6, it has been stated as under:
7. The details of concession in passenger fare admissible to 11 categories of patients is follows:
| Sl.No. |
|
|
| 1 | Cancer patients travelling alone or with an escort for treatment/periodic check up | 75% in 2nd, 1st class & AC chair car.100% in SL & 3AC50% in 1 AC & 2 AC |
| 2 | Thalaseemia patients travelling alone or with escort for treatment/periodic check up | 75% in 2nd, SL, 1st Class, 3 AC, AC Chair Car |
| 3 | Heart patients travelling alone or with an escort for heart surgery | 50% in 1AC and 2AC |
| 4 | Kidney patients travelling alone or with an escort for kidney transplant operation/dialysis | One escort is also eligible for same element of concession |
| 5 | Haemophilia patients severe & moderate form of disease - travelling alone or with an escort for treatment/periodical check up | 75% in 2nd, SL, 1st Class, 3 AC, AC Chair Car One escort is also eligible for same element of concession |
| 6 | T.B/Lupas Valgaris patients travelling alone or with an escort for treatment/periodical checkup | 75% in 2nd, SL and 1st Class One escort is also eligible for same element of concession |
| 7 | Non-infectious leprosy patients for treatment/periodical check up | 75% in 2nd, SL and 1st class One escort is also eligible for same element of concession |
| 8 | AIDS patients for treatments/check up at nominated ART Centres | 50% in 2nd class |
| 9 | Ostomy patients - travelling for any purpose | 50% in MST & QST One escort is also eligible for same element of concession |
| 10 | Sickle cell anaemia - for treatment/periodical check up | 50% in sleeper, AC chair car, AC 3 tier and AC 2 tier classes |
| 11 | Aplastic Anaemia - for treatment/periodical check up | 50% in sleeper, AC chair car, AC 3 tier and AC 2 tier classes |
8. I submit that the concessional tickets are issued to persons with Disabilities (Divyangjan) and Senior Citizen through online facility. Concession to Divyangjan is granted to travel for any purpose and minimum validity of the certificate of Divyangjan is 5 years. However, in case of patients, certificates of patients are valid for single journey for the specific purpose.
3. From the aforesaid submission made, it is clear that the concession tickets are issued to persons with disabilities and senior citizens through online facility. Various categories of the persons have been given the benefit.
4. In such view of the matter, we are of the view that no further orders are required. Apart from the same, booking online per se cannot be equated wi
