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Supreme Court of India 2018-05-07 allowed

United Air Travel Services through its Proprietor A.D.M. Anwar Khan vs Union of India through Secretary (Ministry of External Affairs)

Bench: 2 — Sanjay Kishan Kaul

In Brief

Private tour operators were disqualified from the Hajj 2016 quota on grounds of non-compliance with specific clauses from which they had been explicitly exempted under the government policy. The Supreme Court held this was patently arbitrary and violated the equality principle under Article 14. The Court quashed the rejection letters and awarded compensation of Rs 5 lakh per petitioner as public law damages—a deterrent against unlawful official action. This decision established that statutory orders cannot be improved by introducing fresh reasons after challenge, and that courts have power to award exemplary damages in writ jurisdiction for breach of public duty.

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Constitutional Law Administrative Law Hajj and Umrah Private Tour Operators Damages in Public Law Equal Protection

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