Shamshad Uddin and Others vs Union of India (UOI) and Others

Amitava Lala, J.—Petitioners have contended before this Court that they are guides by profession guiding the people who are visiting archaeological monuments and sites in the city of Agra. The Petitioners are claiming to be local level guides. They are aggrieved in two ways. Firstly they are aggrieved for not holding any examination under process for issuance of licence to the local level guides by the State through the Director General, Directorate of Tourism, Uttar Pradesh, Respondent No. 5 herein and secondly by the restriction imposed by Archaeological Survey of India by its notification dated 21.1.2003 imposing a condition under item No. 9 of the guidelines regarding issuance of licence to the local level guides. The relevant portion for the purpose of due consideration in respect of second category of attack is as follows:

The local-level guides will have no authority to conduct visitors to the monuments controlled by A.S.I. As regards State-controlled monuments, it is for the respective State Departments of Tourism or the Archaeological Departments to take a decision on permitting them to conduct tourists to such monuments.

According to the writ Petitioners, the local level guides are normally working in the cities, State level guides are normally working within the State and regional level guides are normally working in different States. By virtue of the first part of the guideline as aforesaid, the local level guides are totally prohibited from discharging their work in respect of the local monuments and archaeological sites which infact is hitting the Article 19(1)(g) and Article 19(6) of the Constitution of India.

According to us, there is need of controlling the affairs of the guides either by the Union of India or by the State. It is to be remembered that the name and fame of the country is very much depending upon the behaviour of the guides. In the guidelines the respective eligibility criteria for obtaining licence for regional level guides and State level guides are categorized. If the local level guides sit for the examination to become regional level guides or the State level guides, they cannot be debarred in discharging their duty even as local level guides in respect of the monuments and the archaeological sites.

The words which have been incorporated in the aforesaid quoted portion may not be happily drafted but the impact of the same is to be construed by the Court. Simply it is prescribed that local level guides cannot have any authority to conduct the visitors to the monuments controlled by A.S.I. but so far as the State controlled monuments, if it is permitted, they can work as guide. However, such prohibition has been made upon giving a serious thought definitely with regard to some of the antecedents otherwise incorporation of Clause 6(g) of the notification would not have been there. Respective Clause 6(g) is quoted herein:

Verification of antecedents:

Prior to issuing of guiding licence the candidates will have to undergo a verification of their antecedents from their local police station and any adverse report will lead to immediate disqualification of the candidate.

Intention of the authority is ought to protect the interest of the visitors more than the guides. Even the case which has been referred by the Petitioners in B.P. Sharma Vs. Union of India (UOI) and Others, it has been held that the visitors are attracted by the place, it''s beauty, importance and historical background etc. and not because of the more energetic guides. judgment is restricted with regard to fixation of age of the guides which is in no way nearer to the factual aspect of this case but above referred part is essential for the issue.

Upon going through all aspects of the matter as well as guidelines, we are of the view that intention of the authority is to regulate the local level guides by issuing licenses to them and by calling them as well as regional level guides or State level guides to impart tourism training to them so that outsiders may not come and disturb the visitors in any manner whatsoever. If the local level guides sit for examination and successfully come out, such guides can work in the duel capacity. However, both the Union and State can be able to make a formula to control their works in the city otherwise it will be an impractical approach on the part of the Union of India, to bring regional guides from different cities to a particular city to guide the tourists in spite of having local level guides, who are honestly much more conversant with the historical background of the monuments and archaeological sites of the city and capable of better guiding. Therefore, a clarificatory note is required to be made without generalising all the local level guides and publish it by the Union of India as early as possible but not beyond a period of two weeks from the date of communication of the order. On the other hand, the State, through the Respondent No. 5 should start the selection process for such guides and necessary notification for such selection will be issued expeditiously but not beyond a period of three weeks from the date of publication of the clarificatory note. The applications of local level guides will be invited for their respective selections within a period of one month from the date of such notification and selection will be completed within a further period of six weeks thereafter. The Petitioners will be entitled to appear in the examination and/or interview on invitation by notification subject to the eligibility criteria fixed as per the guidelines with clarificatory note and after having the licence will be entitled to work in the respective cities.

With the above observations and order, the writ petition is disposed of.

No order is passed as to costs.

Ashok Srivastava, J.

I agree.