Govt challenges HC single-bench order on telecom licence

NEW DELHI: The government has challenged the order of a single-member Bench of the Delhi High Court, which has quashed the Department of Telecom notification setting September 25, 2007, as the cut-off date for applying for telecom licences bundled with start-up 2G spectrum.

The Department of Telecom (DoT) has approached a Division Bench headed by Chief Justice A P Shah requesting a stay order passed by the single-member Bench on July 1, 2009.

In its petition, the DoT has requested the court to set aside the order passed by Justice G S Sistani, who held that the government could not set a cut-off date for capping the number for licences bundled with start-up spectrum.

Apart from that, Justice Sistani had also quashed the press note issued by the DoT on October 10, 2008, regarding it. It asked the DoT to consider Chennai-based S Tel's application to start operations in 16 circles.

Admitting the DoT's petition, the Division Bench has directed that the matter will be heard on September 7.

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 before September 25, 2007, would be considered.

The Court's direction came 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.