GOVERNMENT APPROVED TOURIST GUIDE ASSOCIATION vs STATE OF U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(All) 667

[2009(3) ADJ 98 (DB)]
ALLAHABAD HIGH COURT
BEFORE : ASHOK BHUSHAN AND ARUN TANDON, JJ.
GOVERNMENT APPROVED TOURIST GUIDE ASSOCIATION .....Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition Nos. 68499 of 2006, 52805 of 2007 and 11104 of 2007, decided on 27th February, 2009)

Advocates:
Counsel :
Manish Goel for the Petitioners in Writ Petition Nos. 68499 of 2007 and 52805 of 2007; J.P. Singh for the Petitioners in Writ Petition No. 11104 of 2007; Smt. Subhash Rathi, S.C. for the State; Dr. A.K. Nigam and K.P. Bajpayee for Union of India and Smt. Anjana Gosain and Manu Khare for newly impleaded respondents.

Headnote:(A) Ancient Monuments and Archaeological Sites and Remains Act, 1958—Sections 29, 2(d) and 2(j)—Selection—Process of—Issue of advertisement—Application for selection as State Level Guide—Guidelines issued by Notification dated 21.1.2003 and circulated by letter dated 24.2.2003—Are to be read as a whole, looking to its purpose and object etc.—Its scheme does not contain any rule or indication that State Level Guides are to be excluded from entering into protected monuments—It is, thus, clear that they are entitled to guide tourists at protected monuments also—As such, advertisement dated 21st November, 2006 issued by Directorate of Tourism, State of U.P.—Inviting applications for training of State Level Tourist Guide Programme—Is in consonance with Guidelines dated 24.2.2003 and State of U.P. has not acted beyond its jurisdiction in giving such advertisement—Consequently, State of U.P. is competent to complete process of selection of State Level Guides Programme—Several other relevant aspects—Examined and clarified. [Paras 18, 19, 22, 25, 27, 28, 34, 36, 37 and 41]
       (B) Constitution of India—Schedule Seventh, List II, Entry 12—Ambit of—It takes within its ambit those monuments also which are declared by or under law made by Parliament to be of national importance—State Act, i.e., U.P. Ancient and Historical Monuments and Archaeological Sites and Remains Preservation Act, 1956, which is referable to Entry 12 of List II is applicable to monuments of national importance—As such, submission that State is acting beyond its jurisdiction by inviting applications for selection of State Level Guides Programme—Is misconceived. [Para 22]
       (C) Constitution of India—Article 19(1)(g)—Fundamental right of State Level Guides thereunder—Exclusion of State Level Guides from acting as guide for protected monuments—Takes away their fundamental rights given to them under Article 19(1)(g)—Therefore, plea that State Level Guides cannot be permitted to act as guide for protected monuments—Unacceptable. [Para 28]

JUDGMENT

Hon’ble Ashok Bhushan, J.—These writ petitions raise similar issues of facts and law and are being disposed of by this common judgment. The first two writ petitions contain similar pleadings and reliefs whereas the relief claimed in third writ petition is dependent on outcome of decision in first two writ petitions.

2. Brief facts giving rise to these writ petitions are :

Writ Petition No. 68499 of 2006 (hereinafter referred to as first writ petition)

The first writ petition has been filed by a registered association of tourist guides registered at Varanasi, the members of which have been recognised as Regional Guides by Department of Tourism, Government of India and are known as Regional Guides. They claimed to have been issued identity cards by the Department of Tourism, Government of India for guiding the tourists at ancient monuments, i.e., protected monuments. The petitioners have challenged the advertisement dated 21st November, 2006 issued by the Directorate of Tourism, State of Uttar Pradesh inviting applications for training of State Level Tourist Guide Programme. The petitioners’ case in the writ petition is that advertisement issued by the State Government is not in consonance with the guidelines dated 24th February, 2003 issued by the Government of India, Department of Tourism. The petitioners’ case further is that the State of Uttar Pradesh has no jurisdiction to recruit any State Level Tourist Guide at the places where offices of India Tourism have been established by the Government of India. The petitioners claim to be stationed at Varanasi where India Tourism Office is situate, hence the State has no jurisdiction to recruit any guides at such place. The case of the petitioners is that the State of U.P. can recruit State Level Guide and Local Guides only at places where India Tourism Offices are not located. Following prayers have been made in the writ petition :

“(a) issue a writ, order or direction in the nature of certiorari, calling for the records and quashing the advertisement dated 21.11.2006, issued by the respondent No. 2 as well as the corrigendum issued on 30.11.2006 (Annexures-1 and 2 to the present writ petition).

(b) issue a writ, order or direction in the nature of prohibition restraining the respondents No. 1 and 2 from undertaking any selection process pursuant to the impugned advertisement dated 21.11.2006 insofar as recruitment of State Level Guide in Varanasi Region is concerned.

(c) issue a writ, order or direction in the nature of prohibition restraining the respondents No. 2, 3 and 4 from recruiting any State Level Guide in Varanasi Region.

Writ Petition No. 52805 of 2007 (hereinafter referred to as second writ petition)

The second writ petition has been filed by Approved Guides of the Department of Tourism whose members are stationed at Agra and claimed to be working as Guide. The pleadings in the second writ petition are almost similar to the first writ petition. This writ petition also makes the similar prayers as made in the first writ petition. In this writ petition a counter affidavit has also been filed on behalf of the Director General, Department of Tourism, Government of India.

Writ Petition No. 11104 of 2007 (hereinafter referred to as third writ petition)

The petitioners, who are thirteen in number, claim to be resident of Agra and working as Tourist Guide at various historical places. Petitioners’ case in the writ petition is that they submitted their application in response to the advertisement dated 21st November, 2006 issued by the Director of Tourism, State of Uttar Pradesh. However, it has been pleaded that no call letter for holding the training of State Level Guide has yet been issued to the petitioners. The petitioners claim that looking to the large number of tourists (about 20,000 per day) more and more tourist guides are required. The prayers of the writ petition as amended are to the following effect :

“(A) to issue writ, order or direction in the nature of mandamus d

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2009 Supreme(All) 667

Cases Referred (2)