Back
HIGH COURT OF ALLAHABAD
Ashok Bhushan, Arun Tandon
GOVERNMENT APPROVED TOURIST GUIDE ASSOCIATION
Versus
STATE OF U P
Decided On : 27 February 2009
Civil Misc. Writ Petition Nos. 68499 of 2006, 52805 of 2007 and 11104 of 2007
GUIDELINES - TOURIST GUIDES - Ancient Monuments and Archaeological Sites and Remains Act, 1958 - Section 29(a) - Summary of the Acts and Sections Referenced: The court discussed the 1958 Act, its definitions of archaeological sites and protected monuments, and the delegation of powers under Section 29. It also referred to the Ancient Monuments and Archaeological Sites and Remains Rules, 1959, and the guidelines framed under Section 29(a) for issuance of Guide Licences.
Fact of the Case:
The petitioners, tourist guides, challenged the advertisement issued by the Directorate of Tourism, State of Uttar Pradesh, inviting applications for training of State Level Tourist Guide Programme. They claimed that the advertisement was not in line with the guidelines issued by the Government of India, Department of Tourism, and that the State of Uttar Pradesh had no jurisdiction to recruit State Level Tourist Guides at places where India Tourism Offices were located.
Finding of the Court:
The court found that State Level Guides are entitled to guide tourists at protected monuments, as per the 2003 Guidelines framed under Section 29(a) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The advertisement for the selection of State Level Guides was found to be in accordance with the guidelines, and the court dismissed the first two writ petitions. In the third writ petition, the court directed the Directorate of Tourism, State of Uttar Pradesh, to issue a corrigendum extending the date for inviting applications for the selection of State Level Guides and to complete the selection process within six months.
Issues: The issues included the jurisdiction of the State of Uttar Pradesh to recruit State Level Tourist Guides at places where India Tourism Offices were located, the compliance of the advertisement with the 2003 Guidelines, and the need for a corrigendum to extend the date for inviting applications for the selection of State Level Guides.
Ratio Decidendi: The court held that State Level Guides are entitled to guide tourists at protected monuments as per the 2003 Guidelines, and that the advertisement for the selection of State Level Guides was in accordance with the guidelines. The court also directed the Directorate of Tourism, State of Uttar Pradesh, to issue a corrigendum extending the date for inviting applications for the selection of State Level Guides and to complete the selection process within six months.
Final Decision: The first two writ petitions were dismissed, and the third writ petition was allowed with the direction for the issuance of a corrigendum and completion of the selection process within six months.
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 dire
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
