Wait-listed passengers holding e-ticket should not be in a position disadvantageous against those holding physical tickets #indianlaws

 Wait-listed ticket in the physical form, as distinct from e-ticket which is automatically cancelled, continues to exist, even if not confirmed on preparation of the “final chart”

Discrimination was alleged on the part of Railways between the wait-listed passengers who have purchased e-tickets through the internet and the wait- listed passengers who have purchased tickets in the physical form from the Railway Reservation Counters.

It was contended that while the wait-listed passengers holding e-tickets are prohibited from boarding the train, the wait-listed passengers holding tickets in the physical form are entitled to board the train and take a chance of occupying any seats/berths available owing to ‘no-show’ of the passengers in whose name the confirmed booking exists.

Railways while denying the allegation contended that even the wait-listed passengers holding tickets in the physical form are not entitled to board the train. Infact, unreserved tickets for sleeper and three tier classes can be obtained and persons holding such tickets can approach the Onboard Ticket Checking Staff who can allow them to board the train subject to availability of accommodation and on payment of necessary charges and to the said extent a wait-listed passenger holding ticket in the physical form can board a train subject to availability of accommodation but e-ticket wait-listed passenger cannot travel.

On the basis of submissions made, it was observed that the wait-listed ticket in the physical form, as distinct from e-ticket which is automatically cancelled, continues to exist, even if not confirmed on preparation of the “final chart”. Due to this, the passenger holding ticket in the physical form can board the train and take a chance to occupy any seat / berth remaining available owing to ‘no-show’ and such passenger can however still be de- boarded if no seat / berth is still available.

Merely because passenger holding a ticket in the physical form is entitled to take such a chance would not make out a case for discrimination. This situation has emerged from the difference in the nature of e-ticket and ticket in the physical form.

Accordingly, a direction was given to the Railways to devise ways and means for preventing the above practice. It was also given suggested that an option be given to the passengers purchasing e-ticket, not to have their tickets cancelled automatically at the time of preparation of the final chart before departure of the train and if they so desire, to take a chance by going to the Railway Station and avail of the seats / berths of the passengers holding reservation who fail to show up. In doing so, the waitlist can be followed.

[Vibhas Kumar Jha vs. Union of India]
(Delhi HC, 15.07.2014)