Delhi Court Directs Police To Register FIR Against Delhi Subordinate Services Selection Board For Using Caste-Abusive Words In Question Paper

A Delhi Court on Wednesday directed the Police authorities to register an FIR against the Delhi Subordinate Services Selection Board (DSSSB), for using caste-abusive words in the question paper set by it for the Primary Teacher Examination.

The Court of Additional Sessions Judge Ravinder Bedi in Karkardooma District Court ordered,

"An FIR be registered against the offenders for the offences committed under the provisions of Atrocities Act and an investigation be conducted by the Officer empowered under the Act with monthly report to be filed before the court."

Background

The direction was made in an application filed by one Dr. Satya Prakash Gautam, alleging that the Board had deliberately used caste-abusive words, in two consecutive examinations, held in the years 2018 and 2019.

The complainant, also a member of the SC community, submitted that lakhs of candidates from the Scheduled Caste category appeared in both examination and by putting such questions to them, the Board had deliberately humiliated and insinuated the entire Scheduled Caste community.

Arguments

He submitted,

"the accused persons and the concerned Examination Committee deliberately selected these derogatory and insulted questions for wo consecutive years i.e. twice just to the Scheduled Caste commnity by such words."

He further stated that he had lodged two complaints against the Respondent/DSSSB under section 200 CrPC, for commission of offences under Section 14 of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities Act), 1989. However, no action was taken by the concerned Police authorities.

He had thus urged the Court to exercise its powers under Section 156(3) of CrPC and issue directions for registration of FIR.

During the hearing, the Respondent/ DSSSB informed the Court that as soon as it came to know of such lapses, a Committee of Senior Officers from Secret Cell and Examination Cell was constituted to Inquire into the matter and the Paper Setters were black listed.

Findings

However, the Court observed that the matter is still at a pre-cognizance stage and the Board as such has no locus standi to appear or argue.

"I observe that the question with caste abusive words was set up in paper by Paper Setter not only once i.e. on 13.10.2018 but again the very next year i.e. in Paper dated 18.08.2019. Prima facie the alleged words in questions papers of 2018 & 2019 as pointed out by complainant disclose commission of various 'cognizable offences committed by the respondent/DSSSB and an investigation is required into these," the Judge ordered.