Gauhati High Court Refuses To Stay Mobile Internet Restrictions During State Recruitment Exams

The impugned order was issued by the Principal Secretary to the Government of Assam, Home and Political Department, invoking the power conferred under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 read with Section 5(2) of the Indian Telegraph Act, 1885. It had mandated that, on 21.08.2022 and 28.08.2022, mobile internet services will remain suspended for 4 hours in 24 districts which had centres of written examination for filling up approximately 30,000 posts for Grade-III and Grade-IV services in different departments in the State. The measure was claimed to have been adopted to facilitate a free, fair and transparent conduct of the examination by curbing mobile phone-enabled cheating.

The counsel for the petitioner argued that the notification violated the exercise of fundamental rights guaranteed to her client under Article 19(1) of the Constitution of India and that, under the provisions of Section 5(2) of the Indian Telegraph Act, 1885, internet services could not be suspended so as to prevent cheating in the examination halls. She contended that the only recourse in such suspension of this right was in accordance with the procedure laid down in Article 19(2) of the Constitution, which, she asserted, had not been followed in the present case.

Heavily relying on Supreme Court rulings in Anuradha Bhasin Vs. Union of India and People's Union for Civil Liberties (PUCL) vs. Union of India and another, she argued that since temporary suspension of internet services directly infringed upon the fundamental right of her client, this was a fit case for the Court to not only interfere with the impugned notification, but to pass an interim order suspending its operation.

The Advocate General, Assam submitted that the State had come up with elaborate arrangements on the basis of Standard Operative Procedure to ensure a free, fair and malpractice-free recruitment process and that the temporary suspension of the mobile data services had been adopted only as the last option.

It was argued that such a measure had to be adopted by the State after putting in place other measures. He pointed out that the government had taken a stringent measure keeping in mind the onslaught of question paper leakages in the few recruitment processes held in the State of Assam over the past several years. He added that it was not technically feasible to selectively suspend mobile data services only in those areas where examination centres were located. He added that broadband and cable enabled internet services would remain uninterrupted. He pointed out that mobile internet services would be suspended on a Sunday afternoon, for a specific period only.

The Advocate General also referred to the decision in Anuradha Bhasin, to submit that the recourse adopted by the State was both permissible and justified in the facts and circumstances of the case. He contended that the petition was liable to be dismissed since there was nothing on record to indicate as to whether the petitioner had a mobile phone or if he was using a mobile data service. To this, the counsel for the petitioner responded that the petitioner was personally aggrieved since his mobile services were not working due to suspension of the data card.

The Court stated that the question as to whether mobile data services could be temporarily suspended to curb cheating would not be possible to examine unless the State files an affidavit bringing its stand, along with documents, on record. To this end, a notice was issued which was accepted by the senior Government Advocate, Assam.

The Court stated that the petitioner had failed to make a case on facts in support of his prayer for interim relief. Keeping in mind that the suspension of data services was not to be extended to the examination scheduled to be held on 11.09.2022 and that some disruption may be caused to the conduct of the examination, the Court rejected the prayer for interim orders.

Case Title : RAJU PROSAD SARMA Vs. STATE OF ASSAM

Citation :2022 LiveLaw (Gau) 59

Click Here To Read/Download Order