Students' Education Affected: Allahabad High Court Flags Poor Telecom Network In Indo-Nepal Border Areas; Seeks Corrective Measures

The court observed that poor connectivity is affecting students' education and forcing them to rely on Nepalese mobile networks, which also poses a security threat.

Thus, a bench of Justice Pankaj Bhatia called for an affidavit from a secretary-level officer in the Union Ministry of Telecommunication regarding the proposed corrective measures for improving connectivity in that area.

The Court added that the affidavit must specifically indicate what research has been carried out regarding the proper functioning of the network in the bordering areas.

The single judge passed the order while hearing a writ petition filed by the Director of a post-graduate college situated in Village Chakujot, District Bahraich.

The petitioner argued that the institution also provides residential facilities, and many students residing there are unable to access digital resources and online education due to the non-availability of a proper network.

He submitted that if the situation persists, there is an apprehension that the college may be forced to shut down.

Against the backdrop of these submissions, the Court, at the outset, noted the prevalent practice of citizens in the districts bordering Nepal of using a network provided by the Nepalese Government since it is better than the one provided by the Indian Government.

Taking note of the petitioner's grievance, the single judge observed that the issue of non-accessibility to the internet was a “very serious one” and amounted to a violation of the right to education, as recognised by the Kerala High Court in Faheema Shirin R.K. v. State of Kerala 2019.

The bench perused a report filed by the respondents, which indicated that the average download speed in Bahraich was 8.55 Mbps and the upload speed was 1.37 Mbps.

The report concluded that all telecom service providers (BAL, RJIL & VIL) had completed their minimum rollout obligations for 2G and 4G mobile services in the UP East License Service Area, which includes Bahraich, and that any further expansion would depend on the “techno-commercial consideration of the TSPs”.

Rejecting this as unsatisfactory, Justice Bhatia observed thus:

"The said report, itself indicates that the network is extremely slow. The contention of the learned counsel for the petitioner that the entire educational system is failing due to the slow network appears to have merit. The report submitted by the learned counsel for respondent no. 2 cannot be deemed satisfactory".

Accordingly, the Court directed the Union of India, through the Secretary, Department of Telecommunications, to file a comprehensive affidavit within three weeks.

It also requested Advocate Syed Mohd. Haider Rizv to assist the Court as amicus curiae in the matter.

The case will now be heard on October 8, 2025.