RK Tours and Travels v. Union of India & Ors.

Delhi High Court · 10 Aug 2017 · 2017:DHC:8375
Vibhu Bakhru
W.P.(C) 4244/2015
2017:DHC:8375
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed petitions challenging a Ministry notification after respondents committed to uniform recruitment procedures for Indian nurses across all recruiting agents.

Full Text
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A
/>b- 'T? $-54 to 66 (Except Item 61)
HIGH COURT OF DELHI
W.P.(C) 4244/2015 and CM No. 7683/2015
RK TOURS AND TRAVELS Petitioner
Through: Mr Romy Chacko, Advocate.
VERSUS
UNION OF INDIA & ORS. Respondents
Through: Mr Kirtiman Singh, Mr Prateek Dhanda, Mr Waize AH Noor, Advocates ith Mr Cecil Luthur, Protector General ofEmigrants
(PGE).
Mr Rahul Sharma and Mr C.K. Bhatt, Advocate for R-2/GNCTD.
WITH
W.P.(C) 4254/2015 and CM No. 7702/2015
M/S SONIA INTERNATIONAL • Petitioner
Through: Mr Romy Chacko, Advocate.
VERSUS
UNION OF INDIA & ORS. Respondents
Through: Mr Kirtiman Singh, Mr Prateek Dhanda, Mr Waize Ali Noor, Advocates ith Mr Cecil Luthur, Protector General ofEmigrants
(PGE).
WITH
W.P.(C) 4258/2015 and CM Nos. 7728/2015, 8766/2015 &
19775/2015 ABDUL NAZAR Petitioner
Through: Mr Subhash Chandran K.R., Advocate.
VERSUS
PROTECTOR GENERAL OF EMIGRATION AND ORS. Respondents
Through: Mr Vikas Mahajan, CGSC with Mr S.S. Rai, Advocate.
WITH
2017:DHC:8375 f7 W.P.rC) 4880/2015 and CM No. 15181/2016
ASSOCIATION OF OVERSEAS RECRUITING AGENTS & ANR
Through:
VERSUS
Petitioners Mr Joseph Koshy, Ms Sheetal Srivastava, Ms Devyani Singh and Mr
D. Sarkar, Advocates.
UNION OF INDIA & ORS Respondents
Through: Mr Vikas Mahajan, CGSCwith Mr S.S. Rai, Advocate.
WITH
W.P.(C) 6953/2015 and CM No. 16139/2015
M/S HIBA EXPORTS INDIA Petitioner
Through: Mr Harshad V. Hameed, Mr Dileep Poolakkot and Mrs Ashly Harshad, Advocates.
VERSUS
UNION OF INDIA & ANR
Through:
VERSUS
UNION OF INDIA & ANR
Through:
Respondents Mr Jaswinder Singh and Mr Santosh
Pandey, Advocates.
Mr Vikas Mahajan, CGSC with Mr Brajesh Kumar and Mr S.S. Rai,
WITH
W.P.fC) 6957/2015 M/S HIBA EXPORTS INDIA Petitioner
Through: Mr Harshad V. Hameed, Mr Dileep Poolakkot and Mrs Ashly Harshad, Respondents
Mr Jaswinder Singh and Mr Santosh Pandey, Advocates.
WITH
W.P.(0 7221/2015 and CM No. 13250/2015,13251/2015
M/S DIVE HR CONSULTANCEY TRAVEL & TRADE LINKS Petitioner
Through: Mr Joseph Koshy, Ms Sheetal
VERSUS
Through: Mr Rajesh Gogna, CGSC for R-1 to 3.
WITH
W.P.(a 7487/2015 and CM Nos. 14235/2015,18196/2015, 20390/2015, 30863/2015 & 30864/2015
UNITED NURSES ASSOCIATION & ANR Petitioners Advocate.
VERSUS
MINISTRY OF OVERSEAS OF INDIAN AFFAIRS & ORS Respondents
Tlirough: Mr Amit Mahajan, CGSC/UOI.
Mr G. Prakash, Standing Counsel with Mr Jishnu M.L., Advocate for R-
5 (State ofKerala).
WITH
W.P.(C) 8934/2015 and CM No. 20068/2015
MATHEW ASSOCIATES Petitioner
Through: Mr Ram Gupta, Advocate.
VERSUS
PROTECTOR GENERAL OF EMIGRATION & ORS. Respondents
Through: Mr Akshay Makhija, CGSC with Ms Seerat Singh, Advocate for UOI.
WITH
W.P.(C) 115/2016 and CM Nos. 529/2016 & 5174/2016
M/S GUDNET COMPUTERS PVT. LTD. Petitioner
Through: Mr Joseph Koshy, Ms Sheetal
VERSUS
Through
WITH
W.P.(a 2943/2016 and CM Nos. 12323/2016,12324/2016, 25945/2016 & 25946/2016
M/S CHARTERED AIR TRAVELS Petitioner Tlirough: Mr Subhash Chandran K.R., Advocate.
VERSUS
MINISTRY OF OVERSEAS INDIAN AFFAIRS AND ANR Respondents
Through AND
W.P.(C) 7845/2016 & CM Nos. 32445/2016 & 38372/2016
M/S SKY LINK AIR TRAVELS Petitioner Advocate.
VERSUS
MINISTRY OF OVERSEAS INIDAN AFFAIRS & ANR Respondents
Through: Ms Anjana Gosain and Ms Rubiya Thakur, Advocates for R-1 to 3.
Mr Rajesh Gogna, CGSC for Respondent.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
10.08.2017 L The notification dated 12.03.2015 issued by the Ministry of Overseas
Indian Affairs, Government of India has been challenged in this batch of petitions.
ORDER

2. The controversy essentially relates to a mechanism that has been put in place to safeguard the interest ofnurses recruited by employers overseas.

3. After some arguments, Mr IGrtiman Singh has made the following statement on instructions:- "All State run RAs and Private RAs shall be bound by the same Terms and Conditions for recruitment and emigration ofIndian Nurses. Both the State run and Private RAs will need to execute the same documents in this regard. The website will be suitably modified to reflect this position and any foreign employer choosing to make recruitments through either route will need to go through the same steps and procedure on the e-Migrate System."

4. The respondents are bound down to the aforesaid statement and it is further directed that the modification to the website will be carried out within a period ofsix weeks from today.

5. In view of the above, the learned counsel for the petitioners state that their grievance no longer survives and seek to withdraw the present petitions.

6. The petitions and all the pending applications are dismissed as withdrawn.

VIBHU BAKHRU, J AUGUST 10, 2017 RK