2
WPA (P) 104 of 2022
Challenging the above order learned Counsel for the
petitioner has submitted that on account of this order
bank to bank payments, online clearance and other
business activities through internet and even online
teaching classes are affected and that though no clear
reason has been mentioned in the order but apparently
the impugned order has been issued to control cheating
in the Madhyamik Examination, therefore, it does not
satisfy
the
submitted
test
that
of
if
proportionality.
the
State
He
authorities
has
further
apprehend
cheating in the examination through WhatsApp and other
means then they can prohibit use of mobile phones in the
examination centres, put jammers, increase vigilance,
enhance security etc., but they cannot be permitted to
suspend internet service infringing the constitutional
right of general public. He has also submitted that the
reason assigned in the impugned order is vague, it does
not satisfy the requirement of Section 5(2) of the Indian
Telegraph Act and that the impugned order is without
jurisdiction. In support of his submission he has placed
reliance upon the judgment of the Hon’ble Supreme Court
in the matter of Anuradha Bhasin vs. Union of India
and others reported in (2020) 3 SCC 637 and in the
matter of Secretary and Curator, Victoria Memorial
Hall vs. Howrah Ganatantrik Nagrik Samity reported in
(2010) 3 SCC 732 and in the matter of People’s Union