NEW DELHI: In a bizzare case of non-application of mind, the ministry of external affairs had in 2016 disqualified seven tour operators for carrying Haj pilgrimage and not fulfilling the 'criteria' for which they were exempted. Now the Supreme Court on Monday directed it to pay them compensation of Rs 5 lakh each for loss of their business.

The operators, as per the apex court order in 2013, were exempted for five years from filing proof of payment towards purchase of tickets, hiring of accommodation for pilgrims in Makkah/Madinah. Some of the private tour operators ( PTO ) were also given relaxation in terms and condition by not furnishing copies of their registration certificate and contract for hiring of buildings for pilgrims and copy of Munazzim card.

The ministry, however, disqualified them for not furnishing the above documents for which they were exempted, inviting the wrath of the apex court which termed it as “mindless action”.

“The mindless action of the respondents in rejecting the eligibility of the petitioners for the year 2016 on the very grounds on which they were exempted necessitates that the petitioners should be entitled to damages in public law so that they are compensated, at least, to some extent for not having been able to carry on with their business on account of illegal action of the respondents,” a bench of justices J Chelameswar and Sanjay Kishan Kaul said.

The bench noted that communication sent by the Centre show that the reason cited for disqualification was non-compliance of the very clauses of which exemption had been granted to the operators. It rejected the plea of the Centre which contended that the reasons were wrongly communicated in the rejection letter and there was some other reason for the rejection.

The court, refused to give credence to Centre’s submission and directed it to pay damage to seven operators for their loss of business. The court said that as two years had lapsed so the operators could not be given other relief as the time period for conducting Hajj tours for 2016 as well as 2017 was over.

“In the facts of the present case, the arbitrariness and illegality of the action of the authority is writ large. The petitioners have been deprived of their right to secure the quota on a patently wrongful order passed for reasons, which did not apply to them and for conditions, which had been specifically exempted. What could be a greater arbitrariness and illegality? Where there is such patent arbitrariness and illegality, there is consequent violation of the principles enshrined under Article 14 of the Constitution . The facts of the present case are, thus, undoubtedly giving rise to the satisfaction of parameters as a fit case for grant of compensation,” it said.

“On a conspectus of the aforesaid facts including the number of pilgrims for whom the petitioners would have been entitled to arrange the Hajj pilgrimage, an amount of Rs.5 lakh per petitioner would be adequate compensation for the loss suffered by them and sub-serve the ends of justice,” it said.

