'You Can't Put Such Gag Orders': Delhi High Court Seeks SSC's Response On PIL Against Ban On Post-Exam Discussions

The Delhi High Court on Wednesday issued notice on a PIL challenging a notification issued by the Staff Selection Commission (SSC) barring discussion, analysis or circulation of already conducted SSC examination question papers on social media platforms.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response of Union of India through Department of Personnel and Training and SSC and listed the matter for hearing in November.

The plea has been moved by one Vikas Kumar Mishra, an Engineer by profession who possesses a B-Tech degree in Civil domain. The plea has been filed through Advocates Suresh Sisodia and Sushant Dogra.

As per the notification issued on September 08, all content creators, social media platforms and individuals were warned not to indulge in discussion, analysis or dissemination of SSC examination question papers or their contents in any manner.

It said that any violation will invite strict penal action under the Public Examinations (Prevention of Unfair Means) Act, 2024.

During the hearing today, the counsel appearing for the petitioner submitted that the grievance against the notification in question is only to the extent that it prohibits discussion or circulation of SSC examination papers which are already conducted.

At the request of the Court, a counsel present in the Courtroom accepted notice on behalf of the respondents.

“Please see, what all you do. How can you issue such a notice? After coming out of the examination hall, the first thing we used to do in school days was to discuss the papers. What is this? Any such thing prohibited under this notification does not fall in any of the clauses of Section 3 (of the Act)…,” CJ remarked.

“You cannot put such gag orders. What is that you cannot discuss question papers?” the judge added.

The plea contends that the impugned notification seeks to impose unreasonable restrictions upon the discussion, analysis and dissemination of examination question paper which have already been conducted by SSC.

It adds that the petitioner had already made a formal representation to the authorities against the alleged arbitrary notification on September 14, however, no reply was received.

“The said Notification has been passed contrary to the settled and established principles of law and therefore, deserves to be quashed. Further, the said notice directly seeks to infringe the basic fundamental right of speech and expression as enshrined under Article 19 of the Constitution of India as the same unreasonably restricts discussion of examination which has already been conducted by Respondent No. 2 and therefore the same deserved to be quashed and declared as unconstitutional in the interest of justice and equity,” the plea states.

It adds that the provisions contained under the Public Examinations (Prevention of Unfair Means) Act, 2024 never intended to punish the acts of discussion and analysis of the examination after the exam has been conducted.

“Hence, the same does not come within the ambit of Unfair means as defined under Section 3 of the Act,” the plea submits.

Title: VIKAS KUMAR MISHRA v. UNION OF INDIA & ORS