Delhi HC Upholds Trial Courts Order For Registering FIR against DSSSB Recruitment Exam

What is the issue

• The Delhi High Court upheld a trial court's order directing authorities to lodge FIR against Delhi Subordinate Services Selection Board (DSSSB)where caste-based questions were being allegedly asked in the primary teacher’s recruitment exam.
• It was observed by the court that the two examinations held on October 13, 2018, and August 18, 2019 will constitute intentional insult or intimidation with an intent to insult members of the SC/ST within public view.
• The court stated that it was a fact that both these are Scheduled Castes and the DSSB should not have framed questions on them in terms of the spirit of the verdicts of the Supreme Court. Whether or not the DSSSB was aware of the contents of the question papers is a matter which can be ascertained only through investigation.

Observations of the Court

• The bench headed by Justice Anu Malhotra stated that the fact that both these castes, on which questions were asked, fall within the domain of the scheduled castes and under the Constitution Scheduled Castes Order 1950 it is not permitted to use the same in question papers by the DSSSB in terms of the spirit of the verdicts of the Supreme Court.
• The high court further said the contention that the DSSSB would not be vicariously liable qua the two offenses alleged to have been committed is an aspect which can be only concluded through investigation.
• Therefore, the court dismissed the petition by the DSSSB challenging the order of the trial court which had directed the lodging of an FIR against the offenders for the offenses under the SC/ST Act, on a complaint by Adv. Satya Prakash Gautam.
• The court also refused to accept the contention of DSSSB that the complainant doesn't fall within the ambit of the Scheduled Castes and Scheduled Tribes Act, 1989.

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