Rajasthan HC Issues Notice To Govt Seeking Reply On The Issue Of Distribution Of Guarantee Cards In-Lieu Of Smartphones

The Rajasthan High Court on Tuesday issued notices to the state government seeking a reply on the legality of issuing guarantee cards for smartphones instead of the devices in the second phase of the Indira Gandhi Smartphone Scheme.

The Division Bench of Justice Vijay Bishnoi and Justice Yogendra Kumar Purohit issued the notices while allowing a PIL challenging the validity and propriety of the "order" of the planning department to distribute Smartphones with Internet Connectivity Guarantee Card to women heads of around one crore Chiranjeevi Card holder families at a budget of Rs 2,500 crore.

The Court directed, "Having heard learned counsel for the petitioner and after going through the material placed before this Court, let show cause notice be issued to the State Government as to why the order dated 21.08.2023 providing procedure for distribution of guarantee cards in lieu of smart phones be not quashed and set aside."

Senior Advocate Vikas Balia along with Advocate Sanjeet Purohit appeared for the Petitioner while AAG Mr. Sandeep Shah along with AAG K. S. Rajpurohit appeared for the Respondents before the Court.

The Court has sought a reply from the state government on the rationality, proportionality, and legality of issuing the guarantee cards for smartphones in lieu of the smartphones in the second phase of the scheme.

It was contended by the Petitioner that the order was a declaration that in the second phase of the Indira Gandhi Smartphone Scheme, women would get smartphones free of cost by showing the guarantee cards. The scheme's first phase involved the distribution of 40 lakh smartphones.

Further, it has been prayed by the Petitioner that the order issued on August 21 be declared illegal and quashed or set aside.

The announcement to distribute the smartphone guarantee cards has been made blindly, irrespective of the social and economic background of Chiranjeevi Card holder families, the petition claimed and alleged that it reflects the underlying political agenda with an eye on the upcoming Rajasthan assembly elections.

Questioning the objective of the scheme, as stated by the government as a welfare measure for women empowerment, the petition said that the manner in which the scheme is sought to be implemented clearly shows that the basic elements of a welfare activity are conspicuously missing in it.

"We have also prayed that the government be restrained from distributing the smartphone guarantee cards as it is beyond jurisdiction of the planning department and against the scope of power defined under the Rajasthan Rules of Business," the Petitioner said.

Neither there was any approval to this scheme in the State Budget and Appropriation Act nor any financial sanction was taken before issuing the order, the petition claimed.

Claiming that the state is reeling under a huge financial crisis, the petitioner said, "Despite this vulnerable economic and financial status, the government has announced to incur huge liability by way of the said guarantee card scheme, at the cost of the hard-earned taxpayers' money".

The High Court has listed the matter for the next hearing on October 5.

Cause Title: Mudit Nagpal v. State of Rajasthan

Click here to read/download the Order

With PTI Inputs