great news!
Thanks a lot for such great news!
Regards!
Swati M Sharma
when things don't seem to be going your way, always know that God has a plan
for you. If you place your trust in Him, He will give you great gifts. We
don't always know what God's plans are for us. We just know that His ways
are not our ways, but His ways are always best!
----- Original Message -----
From: "akhilesh" <akhil.akhi...@gmail.com>
To: "accessindia" <accessindia@accessindia.org.in>
Sent: Saturday, September 22, 2012 5:21 AM
Subject: [AI] Delhi High court directs railways to provide the concessional
tickets online to disables
Hi to all,
Now, the day is not very far when we'll be booking the concessional
tickets online.
Delhi High court, responding to a PIL filed by a visually challenged
person, directed the centerl and railways to provide the concessional
ticket online. However, it will take few months to become the picture
more clear.
I take the opportunity to congratulate Mr. Pankaj Sinha who has
handled this case with great conviction and care and brought the
justice to millions and millions of disabled people!!!!
Pasting the entire six page judgment below.
Dropbox link is given at the very end to download the original PDF file.
===============================
* IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 2145 OF 2011
% Judgments Reserved on:22.8.2012
Judgment Delivered on:12.09.2012
PRAVEEN KUMAR G . . . PETITIONER
Through : Mr. Pankaj Sinha, Advocate.
VERSUS
UNION OF INDIA & ORS. … RESPONDENTS
Through: Mr. Rajeeve Mehra, ASG with Mr.
R.V. Sinha, Mr. R.N. Sinha, Mr.
Ashish Virmani, Advocates for
UOI.
CORAM :-
HON’BLE MR. JUSTICE A.K. SIKRI
HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW
A.K. SIKRI, ACTING CHIEF JUSTICE:
1. This petition filed in public interest by a blind person alleges, in
this petition the discrimination between disabled persons and senior
citizens in the Policy of IRCTC which provides facilities and services
for issuing the railway ticket on internet, or at the reservation counters.
It is pointed out that whereas senior citizens can book their railway
tickets at concessional rate on the internet as mentioned in the policy,
disabled persons cannot avail the same. Therefore, they are left with no
other option but to get their railway ticket booked from the designated
ticket counters at various railway stations and reservation centres.
2. The policy of senior citizens is as under:-
“In case of tickets booked through internet no
concession is permitted except senior citizen.
“Thus, a person with disability is not entitled to
avail the concessional facility in case the tickets
are booked through internet, which is otherwise
available to him if he/she buys from the designated
ticket counters at various railway stations.
3. The petitioner filed an application under Right to Information
Act, 2005 to the Public Information Officer of the Indian Catering and
Tourism Corporation limited on 18.9.2009 seeking information for
travel concessions for completely blind persons on the website of
IRCTC. The said application was replied by the IRCTC on 12.10.2009
stating that the travel concessions for blind persons for online ticket
booking is a policy matter and needs to taken up by the Ministry.
Hence, IRCTC shirked off its responsibility from this vital issue and
no initiative was taken by the same regarding introducing the system
of online ticket booking at concessional rate. The petitioner filed a
representation to the Railway Board dated 3.6.2010 requesting the
facility of concessional booking of tickets on IRCTC to be extended to
the handicaps as is already done for the senior citizens. The said
representation was replied by the Railway Board on 13.9.2010 stating
that the concessional booking of ticket on IRCTC website has been
extended where the physical document is not required to be submitted
in advance as it might lead to misuse of the electronic reservation slip
and hence, handicaps are not allowed to do the same. It is submitted
that no effort has been made by the Ministry of railway to make the
policy disabled friendly and have arbitrarily denied the facility to
them. The Policy of IRCTC was formulated to provide as a feature to
the public at large. Later, the internet ticket booking facility was
introduced at concessional rates for the senior citizens. The said
policy is formulated and issued by the Railway Board, which is under
the Ministry of Railway. Thus, the said policy is exclusively for the
public at large and the same is highlighted as the sole Eligibility
Criteria on the website of the said department except the senior
citizens, who are entitled for ticket booking through internet at
concessional rate.
4. The submission of the petitioner is that the persons with
disability cannot access this concession facility though provided to
senior citizen and, therefore, it amounts to discrimination qua the
disabled persons. With this, though the concessional facility is
required, it cannot be effectively availed. It is submitted that the
system of online ticket booking helps to save time and resources and
also help the public at large to avoid long queue at the reservation
counter. The said system has also helped the system of ticket booking
more accessible and easy to handle. In this context it would be
pertinent to mention that such a system for ticket booking would be
magnanimously useful and beneficial for the persons with disability
for whom the reservation counter in most of the occasions is
inaccessible. The petitioner therefore calls for amendment to the
Policy.
5. Notice in this petition was issued. Initially, the respondent filed
the counter affidavit contesting the petition, pointing out the
difficulties which may face by introducing this facility for disabled
persons as well. The main apprehension of the Railways is that it may
lead to misuse. Since it is a matter in public interest and not adversarial
in nature and the intention was to find a solution, when it came up for
argument on 21.12.2012, Mr. Chandhiok, learned ASG took time to
enable the respondent to have a re-look in the matter and to find a
solution as to who the facility of online ticketing with concession
could be available, at the same time, scheme be devised that it prevents
any misuse. Thereafter, the Railway Board, Ministry of Railway,
Government of India prepared broad outline and placed before us.
These are as under:-
. A unique Photo Identify Card would be issued by the
concerned Zonal Railways to those physically
challenged be as per the extant eligibility criteria
subject to verification of proper supporting
documentation. Issue of the said ID card will be a
one-time activity, subject to re-validation from time to
time, on the basis of which physically challenged will
have access to e-ticket facility.
. The card will be valid for a specified period and
thereafter can be renewed subject to
verification/completion of the necessary procedural
formalities.
. This card will contain a Unique-ID which will be
used by the physically challenged for undertaking
concessional booking through the internet. The
details of the physically challenged who have been
issued unique-id Cards will be stored in the PRS
database and details can be verified at the time of
internet-booking. Any fake ID Cards/false
declarations can be verified and the particular Card
suspended if the details a provided are not genuine/or
as per prescribed norms.
. The Card will have to be carried during journey and
produced for verification during on-Board/Off-Board
verification.
. A Pilot based on the above outlines will be initially
implemented as a pilot project for a period of one
year. After six months a review will be undertaken to
assess the performance and make
modifications/system improvements if any, based on
the feedback/learning outcomes.
6. The petitioner has filed response to the aforesaid Draft Scheme
dated 3.8.2012. Attempt is made to show that there can be a better
system, as suggested by the petitioner, without any misuse. Since it is
for the Government to devise the procedure and system and it is
making endeavour in this behalf, we direct the respondents to take into
consideration the suggestions given by the petitioner in its response
dated 30.8.2012 and on that basis, further amendments in this scheme
that may be feasible can be carried out. Mr. Rajeeve Mehra, learned
ASG appearing for the Government submitted that there is always
scope for improvement and these suggestions will be taken into
consideration. The Railway Board can deliberate on these suggestions
and come out with further recommendations if so required in the Draft
Scheme suggested by it. If the petitioner still feels aggrieved, he is
given liberty to approach again.
7. Writ petition stands disposed with these directions.
ACTING CHIEF JUSTICE
(RAJIV SAHAI ENDLAW)
JUDGE
SEPTEMBER 12, 2012/skb
========================================
https://dl.dropbox.com/u/20716011/Delhi%20HC%20Judgment%20on%20Concessional%20%20online%20ticket.pdf
--
Akhilesh Dahiya,
Advocate.
Mobile: +91 9818798780
Email: akhil.akhi...@gmail.com
New Delhi
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