✦ High Court of India · 11 Feb 2025

Mr. Gopeshwar Singh Chandel, Mr. Abdul Bari Khan and Mr. Chandra Bose, Advocates v. UNION OF INDIA

Case Details High Court of India · 11 Feb 2025
Court
High Court of India
Decided
11 Feb 2025
Length
1,473 words

Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Gopeshwar Singh Chandel, Mr. Abdul Bari Khan and Mr. Chandra Bose, Advocates. versus UNION OF INDIA .....Respondent Through: Mr. Mukul Singh, CGSC alongwith Ms. Ira Singh and Mr. Aryan Dhaka, Advocates. (UOI) 78 + W.P.(C) 17075/2024 and CM APPL.2832/2025 (Stay) ALL INDIA HAJ UMRAH TOUR ORGANISERS ASSOCIATION .....Petitioner Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Gopeshwar Singh Chandel, Mr. Abdul Bari Khan and Mr. Chandra Bose, Advocates. versus This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:12:54 UNION OF INDIA .....Respondent Through: Mr. Vedansh Anand, GP for UOI. 79 + W.P.(C) 644/2025 and CM APPLs.3079/2025, 6846/2025, 6897/2025, 6914/2025 BUSHRA HAJ SERVICE & ANR. .....Petitioners Through: Mr. Kotla Harshvardhan, Mr. Saugat Mishra, Ms. Nitika and Ms. Gayatri Gupta, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Anurag Ahluwalia, Sr. Adv. alongwith Mr. Vikrant N. Goyal, SPC, Ms. Nishu, Ms. Shivani yadav, Mr. Aditya Shukla and Ms. Laavanya Kaushik, Advocates for UOI. Mr. Gautam Narayan, Sr. Adv. for R2 80 + W.P.(C) 585/2025 and CM APPL.2769/2025 (Stay) ELAF TOURS AND TRAVELS .....Petitioner Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Gopeshwar Singh Chandel, Mr. Abdul Bari Khan and Mr. Chandra Bose, Advocates. versus UNION OF INDIA .....Respondent Through: Mr. Anurag Ahluwalia, Sr. Adv. alongwith Mr. Vikrant N. Goyal, SPC, Ms. Nishu, Ms. Shivani yadav, Mr. Aditya Shukla and Ms. Laavanya Kaushik, Advocates for UOI. 81 + W.P.(C) 587/2025 and CM APPL.2772/2025 (Stay) MUMTAZ HAJ UMRAH TOURS AND TRAVELS.....Petitioner Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Gopeshwar Singh Chandel, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:12:54 Mr. Abdul Bari Khan and Mr. Chandra Bose, Advocates. versus UNION OF INDIA .....Respondent Through: Mr. Anurag Ahluwalia, Sr. Adv. alongwith Mr. Vikrant N. Goyal, SPC, Ms. Nishu, Ms. Shivani yadav, Mr. Aditya Shukla and Ms. Laavanya Kaushik, Advocates for UOI. 82 + W.P.(C) 594/2025 and CM APPL.2786/2025 (Stay) AL AHMED TOURS AND TRAVELS .....Petitioner Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Gopeshwar Singh Chandel, Mr. Abdul Bari Khan and Mr. Chandra Bose, Advocates. versus UNION OF INDIA .....Respondent Through: Mr. Anurag Ahluwalia, Sr. Adv. alongwith Mr. Vikrant N. Goyal, SPC, Ms. Nishu, Ms. Shivani yadav, Mr. Aditya Shukla and Ms. Laavanya Kaushik, Advocates for UOI. 83 + W.P.(C) 595/2025 and CM APPL.2788/2025 (Stay) MAHA TOURS AND TRAVELS .....Petitioner Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Gopeshwar Singh Chandel, Mr. Abdul Bari Khan and Mr. Chandra Bose, Advocates. UNION OF INDIA versus .....Respondent Through: Mr. Anurag Ahluwalia, Sr. Adv. alongwith Mr. Vikrant N. Goyal, SPC, Ms. Nishu, Ms. Shivani yadav, Mr. Aditya Shukla and Ms. Laavanya This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:12:54 Kaushik, Advocates for UOI. Ms. Pratima N. Lakra, CGSC with Ms. Pinki Pawar, GP, Mr. Chandan Prajapati, Advs. for UOI. 84 + W.P.(C) 608/2025 and CM APPL.2815/2025 (Stay) SS HAJJ CORPORATION .....Petitioner Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Gopeshwar Singh Chandel, Mr. Abdul Bari Khan and Mr. Chandra Bose, Advocates. UNION OF INDIA versus .....Respondent Through: Mr. Anurag Ahluwalia, Sr. Adv. alongwith Mr. Vikrant N. Goyal, SPC, Ms. Nishu, Ms. Shivani yadav, Mr. Aditya Shukla and Ms. Laavanya Kaushik, Advocates for UOI. 85 + W.P.(C) 620/2025 and CM APPL.2856/2025 (Stay) SUBHAN TOURS AND TRAVEL SERVICES .....Petitioner Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Gopeshwar Singh Chandel, Mr. Abdul Bari Khan and Mr. Chandra Bose, Advocates. UNION OF INDIA versus .....Respondent Through: Mr. Anurag Ahluwalia, Sr. Adv. alongwith Mr. Vikrant N. Goyal, SPC, Ms. Nishu, Ms. Shivani yadav, Mr. Aditya Shukla and Ms. Laavanya Kaushik, Advocates for UOI. 86 + W.P.(C) 624/2025 and CM APPL.2903/2025 (Stay) STAR TOURS AND TRAVELS .....Petitioner Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Gopeshwar Singh Chandel, Mr. Abdul Bari Khan and Mr. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:12:54 UNION OF INDIA versus .....Respondent Chandra Bose, Advocates. Through: Mr. Anurag Ahluwalia, Sr. Adv. alongwith Mr. Vikrant N. Goyal, SPC, Ms. Nishu, Ms. Shivani yadav, Mr. Aditya Shukla and Ms. Laavanya Kaushik, Advocates for UOI. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R 11.02.2025 It is pointed out by the learned counsel for the respondents that %

1. proceedings have been initiated in the Supreme Court seeking overlapping relief/s and raising identical issues as regards the application/implementation of the HGO Policy for Haj 2025. 2. It is submitted out that the prayer/s in the proceedings before the Supreme Court, subsume the prayers made in the present batch of writ petitions. The prayers made in the proceedings before the Supreme Court are as under:- “A. issue an appropriate writ, writ of Certiorari or other appropriate writ(s), order, or direction declaring the impugned provisions and implementation of the Haj 2025 Policy, particularly the delegation of arbitrary and discriminatory allocation of quotas to the Petitioner(s) vide Orders dated 06.01.2025 and 07.01.2025, and the subsequent modifications to the Haj-2025 Policy, are unconstitutional as they violate Articles 14, 19 and 21 of the Constitution of India. B. issue a writ of Mandamus or other appropriate writ(s) and direct the Respondent to allocate quotas a fair and equitable quota to the Petitioner(s) in accordance with their eligibility and merit under the respective categories as per Haj-2025 Policy (200/100/50 seats, as applicable) and ensure parity with other similarly placed Haj Group Organizers (HGOs) under the same categories in accordance to the HGO Policy for Haj-2015; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:12:54 C. issue a writ, order or directions to the Respondent for adjusting the Petitioner(s) and other eligible HGOs, who had been allocated quota under the similar categories for equal distribution of quota seats under Haj-2025 Policy, as ensured under Article-14 of the Constitution without any discrimination or dependency on additional quota; D. during the pendency and final adjudication of this petition, the Petitioner(s) prays for an interim relief directing the Respondent- Ministry to allocate an interim/provisional quota of 200/100/50 seats to the Petitioners under their respective categories or similar to located to other HGOs under similar categories to ensure the continuity of their operations and prevent irreparable harm to their livelihood. E. direct the Respondent to ensure transparency and fairness in the allocation of any additional quota received for further allocation to the Petitioner(s) on pro-rata basis; and/or F. pass such other and further orders as this Hon'ble Court may deem just and proper in the facts and circumstances of case.”

3. It is also pointed out by the learned senior counsel for the respondents that an intervention application has been filed before the Supreme Court by the petitioners in W.P.(C) 17043/2024 and W.P.(C) 17060/2024. 4. In the circumstances, this Court does not find it apposite to keep these petitions pending while the impugned policy (and the implementation thereof) is being examined by the Supreme Court; the writ petitions are, accordingly, disposed of. 5. Needless to say, in case any cause of action survives after disposal of the matter pending before the Supreme Court, the petitioner shall be at liberty to avail appropriate remedies under law. 6. Date given in W.P.(C) 17043/2024, W.P.(C) 17060/2024 & W.P.(C) 17075/2024 i.e. 11.03.2025, stands cancelled. FEBRUARY 11, 2025/at SACHIN DATTA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:12:54

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