[DJHS 2023] No Requirement That Question Must Refer To Statute On Which It Is Based, Clues Sufficient: Delhi High Court Rejects Candidate’s Plea

While dismissing a plea moved by a candidate who appeared in Delhi Judicial Higher Services Preliminary examination 2023, the Delhi High Court has said that there is no requirement that a question asked in the exam must refer to the statute on which it is based.

A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan said that it is sufficient that the question contains clues so as to enable an examinee to select the correct option.

The court rejected the candidate’s plea who claimed that a question in the exam was demonstrably flawed and incapable of an appropriate answer.

The question was “Within how many days of the service of the notice by the Commissioner, an employer is required to submit a statement giving the circumstances attending the death of the employee?” The options were 15, 30, 45 and 69.

Dismissing the plea, the bench observed that though it is correct that the question did not mention any enactment, but it had sufficient clues so as to enable an examinee to respond to the question.

“The question also indicates that the said statement is to be made to the Commissioner pursuant to a notice issued by the said authority. An examinee well versed with the labour laws would be aware of the provisions of Section 10A of the Employees Compensation Act, 1923,” the court said.

It added that an an examinee who is well versed with the said enactment may not find it difficult to respond to the question bearing in mind the provisions of Section 10A of the Employees Compensation Act, 1923.

“The fundamental premise that a question must expressly refer to the statue to which it alludes, is erroneous. There is no requirement that a question must refer to the statute on which it is premised. It is sufficient that the question contains clues so as to enable an examinee to select the correct option,” the bench said.

Advocates Akbar Siddique, Animesh Mishra, Parwez Akhtar and Abhishek Singh appeared for the petitioner.

Advocates Padmapriya Karan Bhootra appeared for the respondent.

Title: Abhishek SIngh v. Hon'ble High Court of Delhi 

Citation: 2023 LiveLaw (Del) 923