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Delhi High Court Issues Notice, Questions SSC Ban on Post-Exam Paper Discussions

The case tests whether a new anti-cheating law can be used to curb post-exam speech on social media.

Overview

  • A division bench led by Chief Justice D K Upadhyaya issued notice on a PIL challenging the SSC’s September directive that prohibits discussing, analysing or circulating question paper content after exams.
  • The court asked the Union of India through the Department of Personnel and Training and the SSC to file responses, with counsel accepting notice in court and the matter listed for a later hearing.
  • From the bench, judges questioned the breadth of the directive, calling it a potential gag order and querying how post-exam discussion could be barred under Section 3 of the 2024 Act.
  • Petitioner Vikas Kumar Mishra argues the ban infringes free-speech rights under Article 19(1)(a) and says a September 14 representation seeking withdrawal of the notice went unanswered.
  • The SSC notification invokes the Public Examinations (Prevention of Unfair Means) Act, 2024, warning of cognisable, non-bailable offences with penalties that include 3–5 years’ imprisonment and fines up to ₹10 lakh for individuals, with higher sanctions for institutions and organised crime.