DHJS: Must questions explicitly reference relevant laws or are hints sufficient? High Court decides

DHJS: Must questions explicitly reference relevant laws or are hints sufficient? High Court decides

The Delhi High Court has determined that a question asked in the Delhi Higher Judicial Services (DHJS) Exam doesn't have to explicitly mention the specific law or statute it's based on. Instead, if the question provides sufficient hints or clues, it can still be considered valid.

In this regard, a panel of judges consisting of Justice Vibhu Bakhru and Justice Amit Mahaja rejected a petition filed by a candidate. The candidate had asserted that a particular question in the exam was evidently flawed, and they had chosen an appropriate answer.

The question in dispute was as follows: "In how many days of receiving a notice from the Commissioner, is an employer obligated to provide a statement detailing the circumstances surrounding an employee's death?"

There were four options presented to choose the correct answer from. The Court noted that although the question didn't explicitly mention the specific law, there were enough clues within it to allow for a reasonable judgment in selecting the correct answer.

The court stated that someone who is well-versed in labor laws would be familiar with the provisions outlined in Section 10A of the Employees' Compensation Act, 1923.

The court further added, “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,”

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