Press Release
Quota allocation for PTOs for Haj 2009
31/08/2009
Ministry of External Affairs is the pivot for the Haj affairs. Indian Haj pilgrims perform Haj through two channels - Haj Committee of India (HCOI) and Private Tour Operators (PTOs). The overall quota and its division into HCOI and PTO’s is part of the Haj agreement. In terms of 2009 Haj agreement, the overall Indian Haj pilgrims quota stands at 160491, divided into 115000 pilgrims through HCOI and remaining 45491 is for PTO’s.
2. Until 2008, Haj quota was distributed among PTOs on the basis of their qualifications and experience. However, no new PTOs could qualify for Haj quota owing to their lack of experience. Several PTOs approached the courts to rectify the situation. Since 2008, various court decisions have underlined the need for equitable and fair allocation of Haj quota among all the eligible PTOs including newer applicants.
3. In pursuance of relevant court orders, MEA has called for and heard the views and opinions of all the PTO associations. In respect of those PTO applicants whose applications/paperwork was found incomplete on the requisite parameters, MEA duly provided feedback to them and gave them the opportunity to rectify their shortcomings.
4. Keeping in view the importance of transparent and objective allocation of Haj seats quota to PTOs, Hon’ble External Affairs Minister Shri S. M. Krishna chaired a high level meeting on 27 August 2009, in which the Minister of State Dr. Shashi Tharoor, Deputy Chairman Rajya Sabha Shri K. Rahman Khan, erstwhile Chairman of Committee on Haj Reforms, Attorney General of India Shri G. E. Vahanvati and senior MEA officials were present. The meeting discussed and explored ways to allocate the Haj quota among PTOs, in compliance with the various court cases of 2008 and 2009 and in accordance with the principles of openness, transparency, equity and providing equal opportunity to those PTOs, who are eligible and fulfill the prescribed criterion for being a duly registered and tour operator.
5. During the meeting compliance with the various court rulings on the subject of quota allotment to PTOs, including those of the High Courts and the Supreme Court in the year 2008 and that of the High courts in the year 2009 was discussed. Retired Supreme Court Judge and legal luminary Hon’ble Justice Arijit Pasayat was earlier consulted by MEA on the subject.
6. Participants of the meeting emphasized that there is a constraint of time in which a just and practical solution has to be worked out. It was decided that the MEA would proceed further bearing in mind (i) orders of the Hon’ble Courts; (ii) the claims of the old PTOs and the legitimate aspirations of new PTOs who have been unsuccessfully applying in the last few years; (iii) the interests of the pilgrims and (iv) issues relating to the Saudi government.
7. In the meeting, it was emphasized that if any of the applications of PTOs were not accepted, the objective reasons behind the decision would be clearly spelt out in a transparent manner.
8. Based on the above court guidelines, legal opinion, the requirement of compliance with court orders and the need to evolve a framework to reform the PTOs quota allocation process based on transparency and objectivity, it has been decided to allocate the quota of 45491 for Haj 2009 to all those eligible PTOs who have been applying (including the old PTOs who have received quotas) for at least two years or more until 2008. In 2009, a total of 1002 PTOs (including existing PTOs and new applicants) have applied for registration and allocation of quota as against 837 PTOs (including existing PTOs and new applicants) in 2008. Out of the 1002 applicants in 2009, those who were found eligible were 288 existing PTOs, 117 new applicants who have been applying for three years or more until 2008, and 179 new applicants who have been applying for two years or more until 2008.
9. Out of the above 1002 applicants in 2009, 418 PTOs have not qualified for quota allotment, for the following reasons:
• Among the existing PTOs (who have received Haj quota earlier), 9 PTOs are those against whom Saudi authorities have communicated certain reservations;
• Among the new PTOs who have been applying for three years or more, 1 PTO did not complete the requisite documentation in its application, despite MEA providing due feedback and extending the time limit;
• Among the new PTOs who have been applying for two years or more, 41 PTOs did not complete the requisite documentation in its application despite MEA providing due feedback and extending the time limit;
• Remaining 367 new applicants do not qualify since they have been applying for less than two years.
10. In view of the above and following the meeting chaired by the Hon’ble External Affairs Minister, it has been decided to allot a quota of 50 seats each to 117 (one hundred & seventeen) new and eligible PTOs who have been applying for three years or more until 2008; and a quota of 50 seats each to 179 (one hundred seventy nine) new and eligible PTOs who have been applying for two years or more until 2008. It is reiterated that these “new” PTOs are those who were not allotted any quota in the preceding years.
11. The above quota of 14800, allotted to the new PTOs, will be made available by effecting a cut on pro-rata basis from the quota of the 288 existing PTOs subject to the mandatory condition that no PTO receives less than 50 seats.
12. In view of the need to provide quota to new PTOs, no increase in quota for any existing PTO would be possible.
New Delhi
August 31, 2009