HC rejects govt plea on advancing date for spectrum

The Delhi High Court today rejected a petition by the government challenging an earlier order quashing a notification for advancing the cut off date for release of 2G spectrum to telecom operators.

The Telecom Ministry, headed by A Raja, had advanced the date by a week to September 25, 2007 for issuance of licence, a decision that was challenged by Chennai based operator S Tel.

After losing the case at the single member Bench, the government had moved a Division Bench seeking quashing of the order, which in other words would mean that Telecom Ministry would have to consider applications received till September 31 received for 2G spectrum.

A Division Bench comprising Chief Justice A P Shah and Justice S Muralidhar dismissed DoT's petition seeking stay over the order of the single member Bench of July 1, 2009.

The court did not agree with DoT's submission that it had advanced the date to handle the large number of applicants and it was a 'public policy' decision.

The Division Bench upheld Justice G S Sistani order, who held that DoT could not "arbitrarily fix a cut off date for capping the number for licences bundled startup spectrum" and quashed the press note issued on October 10, 2008.

"The respondent (DoT) has failed to satisfy the court as to how any public interest would be affected in the matter. The impugned press release dated October 10, 2008 is quashed," Justice Sistani said directing DoT to consider Chennai-based S Tel's application to start operations in 16 circles.

Earlier, the deadline was October 1, 2007. However, in January 2008, the DoT had amended the criteria and said that due to a large number of applications, only requests up to September 25, 2007, would be considered.

The court's direction had come on a petition filed by Chennai-based S Tel, whose application for licence in 16 circles was turned down as it had applied on September 28, 2007, three days after the cut-off date.