The main legal point established in the judgment is that the existence of an alternative remedy before TDSAT bars the High Court from exercising its jurisdiction under Article 226 of the Constitution of India.

Ms. Indira Banerjee, J.

In W.P.No.5915 of 2018, hereinafter referred to as the first writ petition, the writ petitioner has challenged a Notification dated 16.2.2018 passed by the Telecom Regulatory Authority of India (hereinafter referred to as TRAI ) in exercise of powers conferred under 11(2) read with Section 11(1)(b)(i) of the Telecom Regulatory Authority of India Act, 1997, hereinafter referred to as the TRAI Act, making the Telecommunication Tariff (Sixty third Amendment) Order 2018, amending the Telecommunication Tariff Order, 1999.

2. In W.P.No.5916 of 2018, hereinafter referred to as the second writ petition, the writ petitioner has challenged a communication No.301-7(27)/2017-F&EA, dated 07.3.2018, the relevant portion whereof is extracted hereinbelow:

“3. After the consultation process, TRAI has notified TTO (63rd Amendment) on 16.02.2018 defining the Regulatory principles of tariff assessment. In this context, your particular attention is invited to Para 7.4.2 (e) (iv) & (v) of the explanatory memorandum to the 63rd Amendment of TTO. The offer of a discount is effectively the offer of a new tariff. The Authority is of the opinion that segmented offers which have to be necessarily transparent and non-arbitrary, either for retention or acquisition of new consumers, are to be transparently filed with the Authority in accordance with the reporting requirement. All such segmented tariffs are to be publically displayed, inter alia, on the website of the TSPs, for transparent and complete disclosure to consumers, without any discrimination. These issues have also been discussed in para 7.3 of the 63rd Amendment which may also be referred to.

4. In the light of the above, the following are required to be kept in mind while reporting a segmented offer:

a. Though the basic criteria for classification of subscribers are given, the detailed profile of subscribers who can avail these products also needs to be indicated in clear terms.

b. The date of launch of these products is required to be indicated.

c. As all segmented offers are to be published like any other tariffs reports, requests for confidentially cannot be entertained.

d. Reporting norms imply mandatory publishing of such reported tariffs on TSP's websites with all related terms and conditions.

5. After issue of TTO 63rd Amendment, there exists no scope for any doubt on the interpretation of the principles of non-discrimination and transparency in retail tariff offers. Any discounts or special tariffs offered to particular segment of consumers would need to be non-discriminatory and has to be reported and published as stated in para-3 above. You are accordingly advised to file all the tariffs including segmented tariffs in future and the same is required to be displayed publically, inter-alia on your website as well as envisaged in the TTO.

3. Learned Senior Counsel appearing on behalf of TRAI in the first writ petition Mr.P.Wison, took a preliminary objection to this Court entertaining the writ petitions, on the ground of existence of an alternative remedy and also argued that this Court lacked territorial jurisdiction to entertain the writ petitions.

4. Some of the relevant provisions of the TRAI Act referred to by Mr.Wilson are set out hereinbelow for convenience:

“11. Functions of Authority.-

(1) Notwithstanding anything contained in the Indian Telegraph Act, 1885, the functions of the Authority shall be to -

(a) make recommendations, either suo motu or on a request from the licensor, on the following matters, namely: -

(i) need and timing for introduction of new service provider;

(ii) terms and conditions of licence to a service provider;

(iii) revocation of licence for non-compliance of terms and conditions of licence;

(iv) measures to facilitate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services;

(v) technological improvements in the services provided by the service providers;

(vi) type of equipme