The Allahabad High Court has issued a strong direction to the Union government, instructing it to file a detailed affidavit explaining the steps being taken to improve the telecom network in the border
regions of Uttar Pradesh, particularly in District Bahraich. The Court was dealing with a petition that highlighted the severe impact of poor connectivity on education and national security in these areas.
The single-judge bench of Justice Pankaj Bhatia observed that the issue of non-accessibility to the internet is a “very serious one”. Court noted that it is a “violation of the right to education”, referencing a similar observation by the Kerala High Court in the case of Faheema Shirin RK Vs State of Kerala and Others.
The petition was filed by Sushant Chandra Jaiswal, the Director of a post-graduate college in the Chakujot area of District Bahraich. According to the petitioner, the college, which includes a residential facility, is facing serious issues as students’ education is “seriously affected” due to the non-availability of a proper network. The petitioner expressed apprehension that the college “may be forced to shut down” if the situation is not addressed.
A key point raised in the petition was that in districts bordering Nepal, the network provided by the Nepalese government “is often in use and is a better network than the one provided by the Indian Government in the neighbouring areas”. The petition argued that this not only affects education but also “causes a security threat, as the residents in the bordering areas commonly use the Nepalese network for communication more than the network available on the Indian side”.
In response to the petition, the counsel for the Additional Director General, Telecommunications, Lucknow, submitted a report. The report indicated that mobile services are available in District Bahraich, with a download speed of 8.55 mbps and an upload speed of 1.37 mbps. It further stated that all Telecom Service Providers (TSPs) like BAL, RJIL, and VIL have “completed minimum roll-out obligation for 2G, 4G mobile services in UP East License Service Area”. The report concluded that the “expansion of mobile services beyond these obligations depends on the techno-commercial consideration of the TSPs”.
However, court found the report to be unsatisfactory. The bench noted that the report “itself indicates that the network is extremely slow”. Court also found merit in the petitioner’s contention that “the entire educational system is failing due to the slow network”.
In its order, the court directed Union of India through the Secretary of the Ministry of Telecommunication and the Additional Director General, Telecommunications, Lucknow to file a “comprehensive affidavit”. The affidavit must outline the steps being taken to improve the telecom network in the bordering areas, including District Bahraich.
Court specified that the affidavit must be filed by an officer of the level of Secretary, Department of Telecommunications. Furthermore, the affidavit must “specifically indicated as to what research has been carried out regarding the proper functioning of the network in the bordering areas and as to what corrective measures are proposed for improving connectivity”.
The court has granted a period of three weeks for the affidavit to be filed.
To assist in the matter, the court also requested Syed Mohd. Haider Rizvi, Advocate, to act and assist as amicus curiae.
Court made it clear that “no further time shall be granted” for filing the affidavit. The next hearing for the matter is scheduled for October 8, 2025.
