AI Structured Summary
Not yet generated for this judgment
Judgment
By filing this writ petition, the petitioner has prayed for the following reliefs:-
"(i)For quashing the order / recommendation in Minutes of the Meeting of Screening Committee for setting up of YTSK (Yatri Ticket Suvidha Kendra) over Dhanbad Division held on 04.08.2021 in the Chamber of Sr. DCM of Dhanbad as contained in Annexure '3' whereby and whereunder the Sr. DCM and Screening Committee rejected the Application dated 25.01.2021 filed by petitioner-in-person.
(ii)For issuance of the appropriate writ(s) / order(s) / direction in nature of mandamus directing the respondent no.3 and 4 to grant YTSK vide Notification Notice No.C.734/YTSK/DHN/20, dated 28.12.2020 in favour of petitioner for location Koderma Town."
Heard the petitioner, who is present in person and learned ASGI-cum-senior counsel representing the respondent -Union of India.
It is the grievance of the petitioner that on a non-existing ground, his application for allotment of “Yatri Ticket Suvidha Kendra” (hereinafter referred to as "YTSK"), over Dhanbad Division, in the location at Koderma, had been rejected by the Screening Committee in the Minutes of Meeting held on 04.08.2021, in the Chamber of Sr. DCM, Dhanbad.
The petitioner, present in person, submits that all the documents and information which the respondents wanted, were submitted but on non-est grounds, his case was not considered.
Learned ASGI, representing the respondent - Union of India, submits that the petitioner is challenging the order of 2021 in the year 2026. On merits, he submits that the petitioner did not furnish the Income Tax Return (hereinafter referred to as “ITR”) of the relevant period and the Character Certificate.
After hearing the parties and going through the materials on record, this Court finds that the petitioner had applied for YTSK, over Dhanbad Division, in the location of Koderma Town.
The Screening Committee decided the application of the petitioner rejecting the same on two grounds. First ground is that the petitioner did not furnish the Income Tax Return of the year 2019-20 and second ground is that the petitioner did not furnish the Character Certificate.
Admittedly, the petitioner is having a Permanent Account Number (PAN). As per the petitioner, there was nothing in the form, which can clearly suggest that the Return of the Financial Year or the Assessment Year is to be filed, thus he had filed the ITR for three years. He also refers to Annexure-4 to this writ petition (page No.39), which is the ITR for the Assessment Year 2020-21, which means that the Financial Year of the said ITR is 2019-20. Because of this confusion, though the petitioner was in possession of the document, he could not file the same. Thus, the rejection of the petitioner's claim on this ground is too technical.
So far as Character Certificate is concerned, there is no requirement in the entire Scheme to furnish a Character Certificate. What was liable to be stated is whether the petitioner is involved in any criminal case of moral turpitude or not. The petitioner in the form has categorically stated that he is not involved in any case involving moral turpitude, thus there is no question of furnishing any Character Certificate.
So far as challenging the impugned order of 2021 in the year 2026 is concerned, I am of the opinion that the delay will not be fatal, as on 15th June, 2026, this Court passed an interim order not to finalize the settlement of YTSK at Koderma, under the Dhanbad Division. The said interim order was extended vide order dated 13.07.2026 and no one has appeared in this Court claiming that the right has accrued in favour of anyone.
Further, in the counter affidavit also, the respondent -Union of India, has not whispered about accrual of right in favour of any third party, which clearly suggests that third-party interest has not been created. Once the third-party interest has not been created, the delay, if any, according to me is immaterial and the same will not come in the way of the petitioner to get any relief.
Thus, considering what has been held above, I am inclined to allow this writ petition. The impugned rejection order passed by the Screening Committee in the Minutes of Meeting held on 04.08.2021, in the Chamber of Sr. DCM, Dhanbad (Annexure-3 to the writ petition), is hereby set aside.
The respondents are directed to re-consider the case of the petitioner afresh and if any document is required, they will ask the petitioner to furnish the same.
The decision should be taken within a period of two months from date of receipt of copy of this order.
The petitioner should also cooperate in the entire process.
With the aforesaid observations and directions this writ petition stands allowed.