B.P. SHARMA versus UNION OF INDIA AND ORS.

Citation: [2003] SUPP. 2 S.C.R. 684 · Decided: 18-08-2003 · Supreme Court of India · Bench: BRIJESH KUMAR · Disposal: Appeal(s) allowed

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Judgment (excerpt)

A 
B 
B.P. SHARMA 
v. 
UNION OF INDIA AND ORS. 
AUGUST 18, 2003 
[BRIJESH KUMAR AND ARUN KUMAR, JJ.] 
Constitution of India, 1950-Article 19(/)(g) and(6)-Professional 
Guides-Grant of licence by the Government on fulfillment of certain 
C conditions-Renewal of identity cards/licence-Condition therein that on 
attaining 60 years identity card issued will not be renewed-Validity of-
Held: Condition of age bar for renewal of identity card issued to approved 
Guides is not a reasonable restriction-ft amounts to total prohibition to 
carry on profession of one's own choice after attaining a particular age, thus 
the condition quashed being ultra vires-Ancient Monuments and 
D Archaeological Sites and Remains Act, 1958·-Ancient Monuments and 
Archaeological Sites and Remains Rules, 1959. 
Appellants-Guides by profession, conduct the tourists to historical 
monuments and other places of interest of tourists. They are the holders of 
identity cards as 'Approved Guides' which are issued by the Department of 
E Tourism. Appellants applied for renewal of their identity cards, which was 
refused by virtue of clause 17 of the instructions issued by Department of 
Tourism that when guides attain the age of 60 years identity card issued to 
them will not be renewed further. Appellants then filed writ petitions. High 
Court relying on Virender Kumar Chadha 's case dismissed the petitions. 
F Hence the present appeals. 
Respondents contended that by statutory rules framed under the 
provisions of the Ancient Monuments and Archaeological Sites and Remains 
Act, 1958, the profession of such persons who may take the visitors around 
for monetary consideration can be regulated by laying down conditions of a 
G licence granted for the purpose and that normally a person after attaining 
the age of 60 years tends to lack physical stamina, which the nature of the 
job very much requires. 
H 
Allowing the appeals, the Court 
HELD: 1Clause17 of the instructions· issued by Department of Tourism 
684 
B.P. SHARMA v. U.O.I. 
685 
that when guide attains the age of 60 years, identity card issued to him/her - A 
will not be renewed further, is ultra vires. The order refusing to renew the 
'identity cards' of the appellants is quashed. (697-G) 
2.1. The whole reading of Sections 18 and 38 of the Ancient Monuments 
and Archaeological Sites and Remains Act, 1958 dealing with the right of 
public access to any protected monument and rules in respect of the right B 
and the fee charged therefor; and Rule 8(d) of the Ancient Monuments and 
Archaeological Sites and Remains Rules, 1959 provides certain prohibitions, 
that no person shall show a visitor around for monetary consideration except 
under the authority or conditions of licence granted by an archaeological 
officer, lead only to the conclusion that the nature of power is only regulatory. C 
So far as the fixation of age beyond which it is provided under Clause 17 that 
the identity card shall not be renewed, does not seem to be within the scope of 
the Section 18, 38 and Rule 8(d). (691-A, B] 
2.2. No benefit is conferred nor any emolument is payable to the Guides 
by the Government. No kind of protection nor any benefit is provided by the D 
Government. This is as much a matter of self-employment and private 
profession, as many others. Therefore, in absence of any such relationship 
as that of master and servant or contractual in nature between the State and 
the approved Guides, ordinarily there would be no good reason for the State 
to completely prohibit at its choice, to carry on a private profession or self-
employment, on attaining a certain age. (693-E, F] 
E 
2.3. The Regulatory measures may be for better efficiency, conduct and 
behaviour in the public interest, but ordinarily it cannot prohibit a person 
totally debarring him from carrying on his profession at an age chosen by 
the Government unless there may be special reasons for it. The right F 
guaranteed to all citizens under Article 19(1)(g) of the Constitution is to 
practice any profession or to carry on any calling, trade or business. Clause 
(6) of Article 19(1) however, places a restriction that nothing would prevent 
the State from making any law imposing reasonable restrictions in exercise 
of the right in the interest of general public. Thus, the freedom, guaranteed 
under Article 19(l)(g) is valuable and cannot be violated on grounds which G 
are not established to be in public interest or just on the basis that it is 

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