VidhiSangh

Supreme Court of India · 07/05/2018

UNITED AIR TRAVEL SERVICES THROUGH ITS PROPRIETOR A.D.M. ANWAR KHAN versus UNION OF INDIA THROUGH SECRETARY (MINISTRY OF EXTERNAL AFFAIRS)

[2018] 5 S.C.R. 698 · 2018 INSC 453

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Summary

The Supreme Court quashed rejection of Haj tour operators’ 2016 registration applications because the stated grounds relied on conditions from which they were expressly exempt. The authorities could not defend the decisions by offering different reasons later. With the relevant pilgrimages already over, the Court awarded public-law compensation of five lakh rupees per petitioner for patent arbitrariness violating Article 14, together with ten thousand rupees costs per petition. Payment was due within two months, failing which fifteen per cent annual interest would apply.

Issues

  1. Whether registration could be refused for non-compliance with expressly exempted conditions.
  2. Whether fresh reasons could subsequently sustain the rejection orders.
  3. What public-law relief remained after the pilgrimage years had elapsed.

Held

Result

Writ petitions allowed and rejection letters quashed. Five lakh rupees compensation per petitioner payable within two months, with fifteen per cent annual interest on default; ten thousand rupees costs per petition. Liberty to recover damages and costs from responsible officers.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 698.