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Indian Railways : Immediate Ticket 'No Refund' Rule Maintained, Public Interest Litigation Dismissed

The public interest litigation filed against the Indian Railways' rule of not providing refunds to passengers when canceling immediate ticket reservations has been dismissed by the court.

Varsha Bhasmare

The court has dismissed the public interest litigation filed against the Indian Railways' rule of not providing refunds to passengers if a ticket is canceled after booking a Tatkal ticket. This petition was filed by lawyer Sachin Tiwari. The petition alleged that not refunding passengers after canceling a Tatkal ticket is arbitrary, unjust, and illegal. However, the Chief Justice dismissed the petition, refusing to interfere with the railway's policy. Currently, under the Indian Railways' Tatkal ticket scheme, if a ticket is reserved and then canceled by the passenger for personal reasons, no refund is given under any circumstances. The petitioner had approached the court objecting to this issue. The petition alleged that after canceling a Tatkal ticket, the railway resells the same ticket and earns double income from the same seat.

The petition also noted that a partial refund is given if a regular or premium ticket is canceled, but immediate ticket holders are treated differently and unfairly. It was claimed that this policy discrepancy violates the right to equality in the constitution. During the hearing, the railway administration clarified its position in court, stating that the immediate ticket scheme is for urgent travel, providing immediate facilities to passengers. In exchange for this facility, a 'no refund' condition is applied. This decision is strategic, and the court should not intervene, argued on behalf of the railways.

After hearing arguments from both sides, the Chief Justice clarified that the railway's immediate ticket policy is related to administrative and financial decisions. Judicial intervention in such policy decisions is limited. Therefore, the 'no refund' rule in immediate tickets cannot be declared illegal, the court expressed. As a result of this decision, the rule that passengers will not receive a refund if an immediate ticket is canceled will remain in place. However, after this decision, many passenger organizations and social activists have expressed dissatisfaction, and the demand for the railway to reconsider this policy is once again gaining momentum.

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