HC rejects petition on dual technology

Justice Gita Mittal imposed a cost of Rs 50,000 each on six petitioners like Bharti Airtel, Vodafone-Essar and Idea Cellular, and their association Cellular Operators Association of India (COAI) to be deposited with the Delhi High Court Legal Service Authority.

“Prima facie, it cannot be held that the decision of the government confers any unfair advantage to any particular person and consequently the submission that the government has disturbed the level playing field has to be rejected,” observed the court in its judgment.

With this observation the court refused to give credence to COAI’s contention that the government’s policy “amounts to “varying the level playing field to their disadvantage”.

“On the facts of this case, the petitioners (COAI) are calling upon this court to negate rights created by a scheme evolved by the government based on recommendations of several authorities who are experts without laying a substantial challenge to the same,” the Bench observed.