Tourist Guides Federation Of ... vs Union Of India & Ors.
2008 Latest Caselaw 1116 Del

*                HIGH COURT OF DELHI AT NEW DELHI

+                          LPA No.360/2008

     TOURIST GUIDES FEDERATION OF INDIA ..... Appellant
                    Through Mr.S.R.Singh, Sr.Advocate with
                            Mr.M.M.Singh, Advocate
                    versus

     UNION OF INDIA & ORS.               ..... Respondents

Through Mr. Suresh Kait, Advocate for Respondents 1 to 3 CORAM:

     HON'BLE THE CHIEF JUSTICE
     HON'BLE DR. JUSTICE S.MURALIDHAR
%                       ORDER
                       23.07.2008

CM No.9741/2008 (Delay)

For the reasons stated in the application, delay in filing the

appeal stands condoned. The application is disposed of.

CM No.9743/2008 (exemption)

Allowed, subject to just exceptions.

LPA No.360/2008 & CMs No.9740 & 9742/2008,

1. The appellant Tourist Guides Federation of India is seeking

to challenge the order of the learned single Judge in Writ Petition

(C) No.137/2008 dated 4th March, 2008. By the impugned order,

the learned single Judge has directed the Union of India to issue

temporary licences to the writ petitioners who have been detailed

in Annexure P-3 at page 60 of the writ petition after verification of

the fact that they have participated in the examination conducted

which was held on 26th August, 2007. It has been further directed

that the temporary licences which may be issued by the

respondent No.1 - Union of India, shall continue till such time the

respondent No.1 finalises the results of the examination held by it.

2. The appellant was not party to the writ petition and the

learned counsel appearing for the appellant was unable to show

how the appellant - Federation is in any way prejudiced by the

order of the learned single Judge. There is no dispute that the writ

petitioner had applied in terms of the advertisement issued by the

Department of Tourism and also appeared for the Tourist Guide

Training Examination, which was held on 26th August, 2007.

Because the results were not declared, some of the candidates

approached the Court by way of a writ petition on 20th September,

2007 for the declaration of such result. This writ petition was

disposed of on the statement of the counsel for the Government

that the result would be declared shortly. As the result has not

been declared, the writ petitioners have sought relief to pursue

their vocation till the final selection process is concluded.

3. The learned single Judge noted in the impugned order that

the petitioners are at the verge of starvation on account of

deprivation of the only source of livelihood. It was also noted that

the respondents are unable to finalise the process of the

declaration of result on account of certain interim orders which

have been passed by the High Court of Rajasthan. Learned single

Judge also referred to the judgment dated 7th March, 2005 passed

by this Court in WP(C) No.4366/2001 Anuj Johari v. Union of

India & Ors. wherein a similar interim protection was granted to

the petitioners therein pending declaration of result and

finalistaion of the issuance of licenses. This judgment was

assailed before the Supreme Court and challenge thereto has been

rejected.

4. Learned counsel appearing for the Union of India stated

that steps have been taken to get the interim order passed by the

Rajasthan High Court vacated. In the circumstances, we do not

see any ground to interfere with the order of the learned single

judge. The appeal is dismissed.

                                        CHIEF JUSTICE


                                        S.MURALIDHAR
July 23, 2008                              (JUDGE)
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