Mr. Aniket Prasoon, Mr. Vinit Kumar Sanjeevani Mishra, and Mrs. Advocates v. UNION OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY ORS

.....Respondents Through: Mr. Varun Singh, Ms. Kajal S. Gupta and Ms. Somesa Gupta, Advocates for BIS. Ms. Saumya Tandon, CGSC along with Ms. Saumya Kapoor, GP and Mr. Prakhar Tripathi, Advocates for DPIIT. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R 21.04.2025 The present petition has been filed by the petitioners seeking the %

1. following reliefs:- “(i) Issue a writ in the nature of Mandamus or any other writ, order or direction to the Bureau of Indian Standards to issue Indian Standard for (PV); and aluminium based cables consequently, direct the Department for Promotion of Industry and Internal Trade to allow the use of Indian standard for aluminium based Solar D.C Cables prescribed by Bureau of Indian Standards; for Photovoltaic systems (ii) Alternatively, issue a writ in the nature of Mandamus or any other writ, order or direction to the Department for Promotion of Industry and Internal Trade to allow / permit the use of other applicable Indian standard such as IS 7098 for Aluminium based Solar D.C Cables till the Bureau of Indian Standards specifically issues Indian Standard for aluminium based cables for Photovoltaic systems (PV);” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 15:56:15

2. In the above context, vide order dated 26.03.2025, it was, inter alia, recorded as under :- “3. Learned counsel for the respondent no.3 / Bureau of Indian Standard (BIS) seeks some time to take instructions as to the time that will be required for the Bureau of Indian Standards to issue Indian Standard (IS) for aluminium based cables for Photovoltaic systems (PV).

4. Learned counsel for the petitioners shall furnish to the learned counsel for the respondent no. 3, a copy of the representation/proposal made by it in this regard.

5. Learned counsel for UOI / Department for Promotion of Industry and Internal Trade is also directed to take instructions as to whether it is permissible for the petitioners to use aluminium based Solar DC cables in terms of Indian Standards IS 7098, till appropriate standards are framed for aluminium-based cables for PV.”

3. Learned counsel for the Bureau of Indian Standards (BIS / respondent no.3) has handed over the Minutes of the 32nd meeting of “Power Cables Sectional Committee ETD 09” of the BIS (hereinafter ‘the minutes of the 32nd meeting’) which was convened on 11.04.2025 in light of the aforesaid order passed by this Court to specifically consider the following issues:- “(i) Whether BIS intends to consider the formulation of an Indian Standard for aluminium-based cables for Photovoltaic (PV) systems. If so, BIS is also required to indicate the estimated timeframe for the development of such a standard. (ii) Whether the Department for Promotion of Industry and Internal Trade (DPIIT) would be willing to permit the use of other applicable Indian Standards, such as IS 7098, for aluminium-based solar D.C. cables, until a specific Indian Standard for aluminium-based cables for PV systems is issued by BIS. (iii) In the event that BIS intends to oppose the formulation of an Indian Standard for aluminium-based cables for PV systems, the reasons for such opposition may be provided, along with supporting documents indicating why aluminium was not considered suitable for such applications.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 15:56:15

4. With regard to the aforesaid issues, it has been concluded in the said minutes of the 32nd meeting as under :- (i) Whether BIS intends to consider the formulation of an Indian Standard for aluminium-based cables for Photovoltaic (PV) systems. If so, BIS is also required to indicate the estimated timeframe for the development of such a standard. It was observed by the committee that IS 17293:2020, being based on IEC 62930:2017, permits only the use of tinned copper conductors for solar DC applications. Therefore, the inclusion of requirements for aluminium alloy conductors within this standard was considered unsuitable. Furthermore, considering that the aluminium 8000 series alloy is a specialized type of aluminium alloy, it was decided that the formulation for an Indian Standard specifically for aluminium alloy-based solar cables for photovoltaic systems would be taken up by BIS only after adequate data and comprehensive studies are conducted. These studies would address the chemical, constructional, mechanical and electrical aspects relevant to solar DC applications, rather than relying solely on the specifications provided in TUV Rheinland 2 PfG 2642/01.22. (ii) Whether the Department for Promotion of Industry and Internal Trade (DPIIT) would be willing to permit the use of other applicable Indian Standards, such as IS 7098, for aluminium-based solar D.C. cables, until a specific Indian Standard for aluminium-based cables for PV systems is issued by BIS. The committee also deliberated on the applicability of IS 7098, which comprises three parts. Part 1 cover cables intended for AC single-phase or three-phase systems (earthed or unearthed) with rated voltages up to and including 1100 V, and may also be used for DC systems with rated voltages up to and including 1500 V to earth. However, these cables are not considered suitable for special installation and service conditions- such as direct connection to photovoltaic systems. They do not possess the specific conductor, insulation, and sheath characteristics required for cables subjected to prolonged outdoor installations where exposure to solar radiation, humidity, and other environmental factors occurs. Cables used in solar DC applications are typically required to undergo thermal endurance, and specialized weathering/UV resistance, which are not applicable to IS 7098 (Part I) cables, as these are not designed for such specialized applications. Furthermore, IS 7098 Parts 2 and 3 are intended solely for AC single- phase or three-phase systems (earthed or unearthed). The above may be considered as input from the committee regarding the feasibility of using IS 7098 for aluminium-based solar DC cables. for ozone resistance, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 15:56:15 (iii) In the event that BIS intends to oppose the formulation of an Indian Standard for aluminium-based cables for PV systems, the reasons for such opposition may be provided, along with supporting documents indicating why aluminium was not considered suitable for such applications. The formulation of an Indian Standard for aluminium-based solar DC cables is not opposed by BIS. However, in view of the unavailability of sufficient data and based on the observations made by the members, it would not be considered prudent to proceed with the development of such a standard at this point in time.”

5. In light of the aforesaid, it is submitted that it is not possible for the BIS (respondent no.3) to accede to the prayers of the petitioner regarding issuance of Indian Standards for aluminium based cables for Photovoltaic Systems (PV) and / or allowing the use of Indian Standard for aluminium based solar direct current (DC) cables. During the course of the proceedings, a copy of the aforesaid minutes has also been supplied to the learned counsel for the petitioners. 6. the decision taken by the BIS in its 32nd Learned counsel for the petitioner does not dispute that in the light of meeting of the aforesaid Power Cables Sectional Committee ETD 09, the prayers in the present petition have been rendered infructuous. However, seeks liberty is sought to assail the decision taken in the aforesaid meeting, in accordance with law. 7. The present petition is, accordingly, dismissed with liberty as prayed for. The pending application also stands disposed of. APRIL 21, 2025/r SACHIN DATTA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 15:56:15