New Delhi: The Supreme Court has held that those availing concessional facilities in transport from government or private organisations cannot challenge the conditions imposed for providing the benefits.
In other words, if persons like senior citizens, physically-challenged and students are extended concessional facilities, then the beneficiaries have to abide by the conditions imposed for availing them.
"It cannot for a moment be doubted that a concession granted by a carrier, be it the Railways or the Airlines or the Road Transport Corporation is a concession only and no
person is entitled to insist that the concession should be with conditions determined by that person," a bench of Justices HS Bedi and JM Panchal said in a judgment.
The apex court passed the judgment while setting aside a Rajasthan High Court order which had directed the Indian Airlines and certain private carriers to do away with the
conditions imposed by them for extending concessional air tickets to senior citizens.
In the case, the airlines had stipulated that a senior citizen applying for a concessional ticket will have to do so at least seven days in advance and that the beneficiary will
be required to stay a minimum of two days at the outgoing destination in order to be eligible for the return ticket.
The High Court struck down the conditions as arbitrary and illegal on the petitions filed by certain senior citizens.
Aggrieved by the High Court judgment, the Centre appealed to the apex court contending that it was not for courts to interfere and decide on such policy matters, unless it was irrational and arbitrary.
Concurring with the Centre`s view, the apex court said the High Court had taken an erroneous view as it did not give any reason as to why the conditions were unjustified.
"It appears that the court proceeded only on the basis of its subjective satisfaction to arrive at the conclusion that the conditions were not to the benefit of senior citizens," the apex court said.
Agreeing with the counsel for the senior citizens that they were entitled to a happy and comfortable life, the apex court said at the same time, emotion and passion cannot prevail over rules.
"There can be no doubt as to this obligation but in such
matters emotion and passion cannot form the basis for
decision," the bench observed.
PTI
