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High Court of DelhiW.P.(C)/2943/2016

M/S Chartered Air Travels v. Ministry Of Overseas Indian Affairs And ANR

2017-08-10Hon'Ble Mr. Justice Vibhu Bakhru5 pages

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Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-54 to 66 (Except Item 61) *

IN THE HIGH

COURT OF DELHI AT NEW DELHI W.P.(C) 4244/2015 and CM No. 7683/2015 RK TOURS AND TRAVELS Mr Romy Chacko, Advocate.

UNION OF INDIA & ORS.

Mr Kirtiman Singh, Mr Prateek Dhanda, Mr Waize AH Noor, Advocates ith Mr Cecil Luthur, Protector General of Emigrants (PGE).

Mr Rahul Sharma and Mr C.K. Bhatt, Advocate for R-2/GNCTD.

W.P.(C) 4254/2015 and CM No. 7702/2015 M/S SONIA INTERNATIONAL • Mr Romy Chacko, Advocate.

UNION OF INDIA & ORS.

Mr Kirtiman Singh, Mr Prateek Dhanda, Mr Waize Ali Noor, Advocates ith Mr Cecil Luthur, Protector General of Emigrants (PGE).

W.P.(C) 4258/2015 and CM Nos. 7728/2015, 8766/2015 & 19775/2015 ABDUL NAZAR PROTECTOR GENERAL OF EMIGRATION AND ORS.

Mr Vikas Mahajan, CGSC with Mr S.S. Rai, Advocate.

f7 W.P.rC) 4880/2015 and CM No. 15181/2016 ASSOCIATION OF OVERSEAS RECRUITING AGENTS & ANR Petitioners Mr Joseph Koshy, Ms Sheetal Srivastava, Ms Devyani Singh and Mr D. Sarkar, Advocates.

UNION OF INDIA & ORS Mr Vikas Mahajan, CGSCwith Mr S.S. Rai, Advocate.

W.P.(C) 6953/2015 and CM No. 16139/2015 M/S HIBA EXPORTS INDIA Mr Harshad V. Hameed, Mr Dileep Poolakkot and Mrs Ashly Harshad, Advocates.

UNION OF INDIA & ANR Mr Jaswinder Singh and Mr Santosh Pandey, Advocates.

Mr Vikas Mahajan, CGSC with Mr Brajesh Kumar and Mr S.S. Rai, Advocates.

W.P.fC) 6957/2015 M/S HIBA EXPORTS INDIA Mr Harshad V. Hameed, Mr Dileep Poolakkot and Mrs Ashly Harshad, Advocates.

UNION OF INDIA & ANR Mr Jaswinder Singh and Mr Santosh Pandey, Advocates.

W.P.(0 7221/2015 and CM No. 13250/2015,13251/2015 M/S DIVE HR CONSULTANCEY TRAVEL & TRADE LINKS Mr Joseph Koshy, Ms Sheetal

Srivastava, Ms Devyani Singh and Mr D. Sarkar, Advocates.

UNION OF INDIA & ORS Mr Rajesh Gogna, CGSC for R-1 to 3.

W.P.(a 7487/2015 and CM Nos. 14235/2015,18196/2015, 20390/2015, 30863/2015 & 30864/2015 UNITED NURSES ASSOCIATION & ANR Petitioners MINISTRY OF OVERSEAS OF INDIAN AFFAIRS & ORS Tlirough:

Mr Amit Mahajan, CGSC/UOI.

Mr G. Prakash, Standing Counsel with Mr Jishnu M.L., Advocate for R5 (State of Kerala). W.P.(C) 8934/2015 and CM No. 20068/2015 MATHEW ASSOCIATES Mr Ram Gupta, Advocate.

PROTECTOR GENERAL OF EMIGRATION & ORS.

Mr Akshay Makhija, CGSC with Ms Seerat Singh, Advocate for UOI.

W.P.(C) 115/2016 and CM Nos. 529/2016 & 5174/2016 M/S GUDNET COMPUTERS PVT. LTD.

Mr Joseph Koshy, Ms Sheetal Srivastava, Ms Devyani Singh and Mr D. Sarkar, Advocates.

UNION OF INDIA & ORS Through

W.P.(a 2943/2016 and CM Nos. 12323/2016,12324/2016, 25945/2016 & 25946/2016 M/S CHARTERED AIR TRAVELS Tlirough:

MINISTRY OF OVERSEAS INDIAN AFFAIRS AND ANR Through AND W.P.(C) 7845/2016 & CM Nos. 32445/2016 & 38372/2016 M/S SKY LINK AIR TRAVELS MINISTRY OF OVERSEAS INIDAN AFFAIRS & ANR 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

ORDER

% 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.

2.

The controversy essentially relates to a mechanism that has been put in place to safeguard the interest of nurses 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 of Indian 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 of six 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