In Writ Petition (Civil) No. 6016 of 2023- DEL HC- Delhi High Court grants relief to ‘ineligible’ Haj Group Organisations; directs Ministry of Minority Affairs to render reason for ineligibility & decide their representation
Justice Pratibha M. Singh [09-05-2023]

Read Order: Al Hatim Tours and Travels Private Limited v Union of India

Simran Singh

New Delhi, May 10, 2023: While exercising its writ jurisdiction, the Single Judge Bench of Justice Pratibha M. Singh set out a few directions for the Ministry of Minority Affairs (Haj Division) pertaining to a public notice issued declaring Haj Group Organisations (HGO) as eligible and ineligible HGOs for Haj 2023.

In the matter at hand, the HGO petitioner challenged the public notice dated 05-05-2023 issued by the Ministry who had declared the eligible and ineligible HGOs for Haj 2023. The grievance of the petitioner was that they fell into the list of 280 HGOs who had been rendered ineligible as per the above public notice. It was alleged that the reasons for declaring the petitioner as ineligible were not communicated to them. Even though the public notice had given an opportunity to submit representation by due date of 08-05-2023, however, since the petitioner was not even aware of the reasons which had rendered them ineligible, no representation could be made. Thus, bringing the public notice under challenge.

The Bench noted that the total number of visas that were to be allotted to the HGOs this year were 35,005 in number. Category 1 and category 2 HGOs operators were entitled to 60 and 50 visas respectively. Thus, insofar as the eligible HGOs were concerned, a total of 10,260 and 17,000 would be exhausted but there would be a large number of remaining visas which would have to be dealt with in accordance with the HGO Policy 2023 of the Ministry.

The Court considered the fact that the reasons for declaring the petitioner as ineligible was not communicated to it, thus, the opportunity to make representations by 08-05-2023 was of no consequence.

Accordingly, the Court directed the Ministry to communicate the reasons for ineligibility to the petitioner on or before 10-05-2023 by 6:00pm. The petitioner who may be aggrieved by the reasons communicated to it was free to make its representation to the Ministry by 12-05-2023 midnight. The same representation would be decided by the Ministry and communicated to the petitioner through email by 6:00 pm on 19-05-2023. In case the petitioner was found eligible, their candidature would be considered for the allotment of the remaining visas in accordance with the Ministry’s policy.