Once Again, Kudos to Advocate Mr Sinha.
On 9/22/12, akhilesh <akhil.akhi...@gmail.com> wrote: > 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 > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > -- Avinash Shahi Doctoral student at Centre for Law and Governance JNU Clean India Campaign: Let us also chip in! Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
