In its petition, Bharti Airtel said the "decision of DoT is against the public interest as it adversely affects the interest of the customers and the subscribers who are benefiting from the 3G arrangements."
"The impugned decision of the DoT is violative of the fundamental right under Article 14 (equality before law) of the Constitution as it is arbitrary, has no rational basis, is illogical and is contrary to the contract between the parties," the petition said.
The plea sought quashing of the government's September 28, 2012 decision directing the service providers to stop providing intra-circle roaming (ICR) services and alleged that the decision is contrary to the interim orders passed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
The Tribunal earlier had restrained the DoT from taking any coercive step against the firms while hearing a plea against DoT's similar communication issued in December 2011.
Claiming that Bharti Airtel has successfully bid at the 3G spectrum auction and has made significant investments, the plea said "The impugned decision will violate rights of the petitioner under Article 19 (1)(g) of the Constitution of India, the petitioner (Airtel) having successfully bid at the 3G spectrum auction and having made significant investments. This will also adversely affect level-playing field conditions."
"The DoT's decision is contrary to the national and public interest as the rights of millions of subscribers, enjoying the facility of 3G roaming due to the ICR arrangements will be affected," as per the petition.