/,'. r- .<•; 115 HIGH COURT OF CHHATTIS6ARH AT BILASPUR W.P. No. 1458 of 2005 CORAM: Hon'ble Shri S.ft. Nayak, CJ & Hon'ble Shri Dilip Raosdheb Deshmukh. J. PETITEONER RESPONDENTS 1. Amit Kumar Dwivedi. S/o Sri Ramdhar" Owivedj, Aged 31 years K/o At post - Birkona, Oistt-. Bii'aspuF. 2. Ashok 6upta 5/o Sri Sharda Prasad 6upta, R/o 5eepaT Road, Sarkanda, C/o Ghcunshyam Sohu, Bilcuapur. Versus 1. Chief Seneral Monaoer. Bharat Sanchar Nigam Limiteci, Chharrisgarh Teiecom Circle, Raipur. 2. Deputy ^eneral Manager (Finance) & Internat Plnanclal Advisor, enaraT Sanchar Nigam Limited Chhatt-isgar+i Telecom Circle, Raipur. 3. Bharat Sariehap Nigain LJmited Chhattisgarh Telecom Circle Raipur Through :Chlef ©eneral Aftanager. Chhattisgav+i Telecom Circlc, Rwpuy. AND W.P.NO.l77l/20(» PETITIONER RESPONDENTS Somprakash 6iri; S./o Late Shri Surendra Prakash &lrl, Aged about 71 years, R/o Villagc A Pt»a+ MatPoud, District Dhamtari (C.&.) Versus : 1. Bharot 5anchar N{90^ Limited, (A Goyt. of India Enterprlses), Registered & Corporate Office 10th Floor. S+u+emtm House, B-148. Barakhamba Road. New Oelhi Through its &.U.&. (MarkeTing) : 2. Chief fienera} Monager, Bhu?"ut Sunchui" Nigam Limited, Chhattisgarh Telecom Circle, &.E. Road, Ralpur (C.&.) -£- 116 3. fieneral Manager (Marketing), Bharat Sanchar Nigam Limited, Chhattisgarh Telecom Circle, ^.E. Road, Raipur (C.6.) INNNN* Shri Sameer Sorfiu, Counsel for ttie petitioners (W.P.No.1458/2005) Shri Ashish Shrivastava, Counsel for the petitioner (W.P.No.1771/05) Shri V.V,S»Murthy, Sr. Counsel with Shri R,M. Solapurkar, Counsel for the B.S.N.L OftAL ORDER (Passed on 16th January2006) TTie following oral order of the Court was passed by S.R.NAYAK.C.J. 1. In these two writ petitions filed as public interest litigation by two persons claiming to be pro bana public characters, what is assailed is the action of the Chief fieneral Manager, Bharat Sanchar Nigam Limited (B.S.N.L). Chhattis9arh Tetecom Circle, Raipur, second respondent herein permitfring the distribution and allotment of B.S.N.L SIM cards for cellular mobile telephones to its subscribers within the State of Chhatt-isgarh by adopting the method called "waiting list draw by computer". 2. In the writ petition, it is contended that the impugned method adopted by the second respondent is quite contrary to the principle of 'first come fjrst served' earlier adopted by the B.S.N.L 3. In response to the notice issued by this Court, the respondents have filed their return. In the return, while denying all material allegations made in the writ petition, it is stated that the second respondent took the decision to hold a computerized draw for persons in waiting list was taken onty after a thoughtful process and after consulting all the S.S.A. heads in Chhatt-isgarh Telecom Circle irf order to maintain transparency and avoid mat-practices. Furthermore, in both the writ petitions. along with the additional affidavit filed by the 117 respondents, the proceedings of the B.5.N.L No.27-16/2004-Mkt9. dated 8th becember 2005 marked as Annexure R/5 is appended to show that the action of the second respondent has been opproved and ratified by the B.S,N,L Annexure R/5 reads as follows: "Dear Shri Yagya, Subject: Black marketing of SIM cards. The issue of SIM cards is being regularly raised by public through media (tefevision, newspopers). Several measures were recotnmended from this office from trme to time to curb possibility of bbck marketing of SIM cards. But it appears tiiat amount of efforts taken are not sufficient to curb black marketing menace- It is requested that proper steps may be taken to ensure that issue of black marketing is not raised in your circle:- (i) Waiting list for pre-paid connections is required to be maintained in your circle as mentioned vide lett-er No.114- 8/2005-Comml. Oated 11.08.2005. The waiting list may be maintained on per day basis ond the s^niority within the doy should be maintained wi1+i a randomly computerized totl-ery system. The waiting list so generated may be di^)layed at public pfoces at regular intervals and may be available with PRO on demand by public. (ii) The public notice/advertisements may be issued regarding easy availabiljty of SIM cards in both pre-paid and post paid cate9ory intimating the name, address of yarious sales outlets. This advertisement should also have the name and address of the vigilcince officer who should be contacted by public ony time in case anybody observe in black marketing of SIM cards. (iii) Any franchisees/sub-franchisees/STD/PCO holder/Post offi'ces found involved in black marketing activities may be suspended from undertakin9 B5NL activWes with immediate effect. (iv) Vigilomce Officer of the circle along with &M (Mktg.) or 6M, (MobiJe) or GfA (80) may conduct on apot inspection at the sales outlet and take immedjate action ogainst tho»who found involved in such black marketing activities, It is also suggested tiiat mobile/marketing units may ensure undertaking survey with existing subscribers ond take information regarding the places from where the SIM cards was issued at what cost, at what firms, information is taken at the time of gett-ing SIM oards. (v) The prepaid 5IM cards should be distributed to franchisees only after verification 1+iat earlier lot hois been activttted. (vi) Call Centre/Tele-marketJng group moiy be asked to dial fhe subscribers and confirm the subscriber name and address on raindom basis. This will avoid re-selling of SIM cards by any consumer. (vii) Above actions should be taken with earnest sincerity oaid follow up at all the levels. With best wishes. Yours sincerely (G.S.Gt-wer) Shn Ram Yagya, Chief General Mandger. Chhatt-isgarh Telecom Circle, RaiDur Endst. No: CMTS/SIM &istribution/05-06/57 Oated at Raipur 22-12-2005 Copy forwarded for information <& n/action to: 1. ^.M.T.Distt. Raipur / Durg / Bilaspur. 2. T.D.M. Jagdalpur / Raigarh / Ambikcpur. 3. b.G.M. (Marketing), o/o C&MT Raipur. Sd/- D.6.M.(Mobi(e) % C.6.M.Telecom, CG Circte, Raipur A careful perusal of Annexure R/5 would show that the impugned method has been adopted by the second respondent in the public interest and to arrest black marketing of SIM cards and to maintain transparency in the mat^er of allotment of SIM oards. The decision ttiken by the re^ondent-authorities in the premise of their experience and with laudable objective of arresting mal-practices ouid •i\ 1\ =p-^-'q;.;T- 9 119 /1 maintaining transparency could not be fflulted with on <xny permissible grounds of judicial review, On the other hoind, we are satisfied that the impu9ned method adopted by the second respondent as oyproved and ratified by the B.S.N,L is intended to sub-serve public interest and maintain tran^arency in the matt-er of allotment of SIM cards. In that view of the matl-er, we dismiss 1+ie writ petitions, however, with no order cxs to costs. Sd/- Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge u