Delhi HC questions SSC gag order on social media discussions of exam papers

The notification, the petition adds, imposes “unreasonable restrictions” on post-exam discussion. “The said notification has been passed contrary to the settled and established principles of law... and therefore deserves to be quashed,” it said.

The Delhi High Court on Wednesday expressed concern over a Staff Selection Commission (SSC) notification that bars candidates from discussing, analysing, or circulating question papers of already conducted exams on social media, observing that the commission cannot impose such “gag orders”.

The court issued notice to the Centre and the SSC, directing them to file their responses before the next hearing on December 17.

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela made the remarks while hearing a petition filed by Vikas Kumar Mishra, who has challenged the SSC’s September 8 directive. The court issued notice to the Centre and the SSC, directing them to file their responses before the next hearing on December 17, after SSC’s counsel sought time to obtain instructions.

“After coming out of the exam hall, the first thing that we used to do was … what is this? How is this being prohibited in the notification? Please, I don’t know how…. You can’t put such gag orders,” the bench remarked, adding, “What is this? You can’t discuss question papers? Issue notice to the respondents. List on December 17.”

Mishra’s plea argues that the SSC’s action is “illegal, arbitrary and perverse”, contending that it violates candidates’ and the public’s right to freedom of speech under Article 19(1)(a) of the Constitution. The notification, the petition adds, imposes “unreasonable restrictions” on post-exam discussion. “The said Notification has been passed contrary to the settled and established principles of law... and therefore deserves to be quashed,” the plea stated.