The Delhi High Court has sought a response from the Staff Selection Commission (SSC) over its recent directive that prohibits individuals and social media creators from discussing or analysing SSC examination question papers.
The order came during a hearing on Wednesday, October 8, where the court expressed strong reservations about the Commission’s decision to impose such a restriction, reported Bar and Bench.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela questioned the rationale behind the move, pointing out that discussing question papers after an exam is a long-standing and natural practice among students.
“You can’t put such a gag order. What is this? You can’t discuss an exam paper? How can you issue such a notification? After coming out of the examination hall, the first thing, at least we used to do in our days, was to discuss the paper,” the Bench remarked.
The court has given the SSC three weeks to file its response.
About the petition
The case stems from a public interest litigation (PIL) filed by Vikas Kumar Mishra, who challenged the SSC’s September 8 notification. The notice, issued under the Public Examinations (Prevention of Unfair Means) Act, 2024, warned of legal consequences for any individual or content creator who “discusses, analyses or disseminates” SSC exam question papers or their contents in any form. The circular further stated that any violation of this restriction would invite penal action under the said Act as well as other applicable laws.
Mishra, in his plea, argued that the Commission’s decision imposes “unreasonable restrictions” on free speech and curtails the public’s right to open discussion. He contended that the move was “illegal, arbitrary and perverse,” and directly infringes upon the fundamental right to freedom of expression guaranteed under Article 19 of the Constitution.
“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 (SSC),” the plea stated.
The SSC, which conducts recruitment exams for Group B (non-gazetted) and Group C (non-technical) positions across various government departments, has not yet responded publicly to the controversy. The matter will next be heard after the Commission submits its reply.