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U.O.I. Versus Jai Prakash Singh

2007 (3) TMI 782 - SUPREME COURT

Civil Appeal No. 5687 of 2000 - Dated:- 8-3-2007 - DR. ARIJIT PASAYAT AND LOKESHWAR SINGH PANTA JJ. JUDGMENT DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court allowing the writ petition filed by respondent no.1. 2. A brief reference to the factual position would suffice: 3. Respondent no.1 filed a writ petition before the Allahabad High Court alleging that he was not granted permission to operate Gramin PCO and his prayer wa .....

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conditions in the guidelines "appear to be arbitrary" and hence violative of Article 14 of the Constitution of India, 1950 (in short the Constitution ). Accordingly direction was granted to allot a VPT to the writ petitioner within the stipulated time. 4. Appellants have challenged the order on the ground that no reason has been indicated as to why the guidelines were found to be illegal/arbitrary under the national Communication Policy, 1994; Department of Telecommunication is provid .....

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the villages are provided with public telephones, additional PCOs can be provided depending upon technical feasibility and demand. The difference between VPT and PCO is that the call charges made from a VPT are less than those from PCO. Also the commission to the operative custodian of a VPT is higher that that payable to a PCO operator custodian. The commission is percentage of revenue depending on the call charges. It was also submitted that the department did not have adequate resources to pr .....

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issued subsequently on 8.12.1998 and 9.3.1999. it appears that for installation of VPT, define role assigned to the Gram Panchayat. The guidelines of 8.12.1988 stipulate that the Gram Panchayat will recommend only one VPT in a village and the question of multiple cases does not arise. In case of any dispute, the case is to be discussed with Panchayats and resolves. The recommendations for extension/location are to be given by the Panchayat or the BDO as the case may be. 7. As rightly submitted b .....

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