thanks for the timely mail Avinash! indeed its an historical judgment, we are grateful to him for having fought for this.
regards Boopathi On 12/15/14, avinash shahi <shahi88avin...@gmail.com> wrote: > 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.. > -- Regards Boopathi P Ph.D research scholar, department of English Literature, School of English literary studies, EFL University. Hyderabad Mobile: 09985138783 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..
