2014 (7) TMI 623 - HC - Indian Laws

Right against discrimination - discrimination by the respondent Railways between the wait-listed passengers who have purchased e-tickets through the internet and the wait-listed passengers who have purchased tickets in the physical form from the Reservation Counters - wait-listed passengers holding e-tickets are prohibited from boarding the train whereas wait-listed passengers holding tickets in the physical form are entitled to board the train and take a chance of occupying any seats / berths available owing to no-show of the passengers in whose name the confirmed booking exists - Held that - counsel for the petitioner was unable to show to us any Rule / Regulation or provision which entitles a wait-listed passenger holding ticket in the physical form to so board the train. Section 155 of The Railways Act, 1989 prohibits any passenger from entering a compartment wherein no berth or seat has been reserved for his use and provides for his removal and punishment for the same. The same does not make any distinction between a passenger holding e-ticket and a passenger holding ticket in the physical form - Therefore, question of the wait-listed passenger holding e-ticket being discriminated, owing to the prohibition contained in the impugned Circular from boarding the train, does not arise. Automatic cancellation of waiting e-tickets - Held that - During the hearing we were also informed from the data collected by the petitioner through the medium of Right to Information Act, 2005 that no refund is obtained of a large number of wait-listed tickets issued in the physical form. Therefrom it is sought to be pointed out that the number of wait-listed passengers holding tickets in the physical form so boarding the train and travelling is large - Therefore, railway is directed to within a period of six months from today, consider the matter in the perspective discussed above and to devise ways and means for preventing the practise, if any in vogue of the touts / unscrupulous elements for their own gain blocking the seats / berths by making reservation therefor in bogus names and then making such seats / berths available to bona fide passengers willing to pay premium, by allowing them to board the train on the basis of wait-listed tickets in physical form and occupy the seats / berths of the bogus reservation - Decided partly in favour of Petitioner.

Summary

Issues: Discrimination between wait-listed passengers with e-tickets and physical tickets, validity of Railway Board Circular, entitlement of wait-listed passengers to board the train, prevention of seat blocking, refund of wait-listed tickets, advantages of e-ticketing.

Analysis:
1. Discrimination between Wait-listed Passengers: The petitioner alleged discrimination by the respondent Railways between wait-listed passengers with e-tickets and physical tickets. The e-ticket holders were prohibited from boarding the train, while physical ticket holders could board and take a chance of getting a seat due to no-shows. The petitioner sought to declare the Railway Board Circular as ultra vires and allow e-ticket holders to board the train.

2. Validity of Railway Board Circular: The Railway denied discrimination and clarified that even physical ticket holders are not entitled to board the train unless there is accommodation available. The petitioner failed to show any provision allowing physical ticket holders to board. The Railways Act prohibits passengers from entering compartments without reservations, irrespective of ticket type.

3. Entitlement of Wait-listed Passengers: While e-tickets are automatically cancelled if not confirmed, physical tickets need to be presented for cancellation. Physical ticket holders can still board and take a chance of getting a seat, risking being de-boarded if no accommodation is available. The difference in ticket nature does not establish discrimination.

4. Prevention of Seat Blocking: The Court directed the Railways to devise ways to prevent touts from blocking seats and selling them to genuine passengers at a premium. One suggestion was to allow e-ticket holders to retain their tickets and try to board by availing seats of no-show passengers, thus curbing the practice of seat blocking.

5. Advantages of E-ticketing: The Railways argued that e-ticketing aims to prevent seat blocking. However, it was acknowledged that wait-listed e-ticket holders are at a disadvantage compared to physical ticket holders who can still board the train and travel.

6. Conclusion: The Court directed the Railways to consider the issue and prevent the practice of seat blocking within six months. The judgment highlighted the need to balance the advantages of e-ticketing with preventing unfair practices, ensuring fair treatment for all passengers.