Delhi High Court - Orders
Shashank Shekhar Pandey vs Union Of India & Anr on 20 May, 2025
$~106 & 107
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5690/2025 & CM APPL. 25989/2025
SHASHANK SHEKHAR PANDEY .....Petitioner
Through: Mr. Priyanshu Upadhyay, Mr. Shivam
Pandey, Ms. Shruti and Mr. Abhinav
Sharma, Advs.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Mr. Neeraj, SPC with Mr. Vedansh
Anand, GP, Mr. Sachin Saraswat,
Adv. for R-1/UOI.
Ms. Pankhuri Shrivastava and Mr.
Aditya Kumar, Advs. for R-2/NTA.
107.
+ W.P.(C) 5904/2025, CM APPL. 26906/2025, CM APPL. 26907/2025,
CM APPL. 28928/2025, CM APPL. 28929/2025 & CM APPL.
30510/2025
ANUSHA GUPTA & ORS. .....Petitioners
Through: Mr. Deepak Jain, Ms. Anoushka
Singh, Mr. Sajal Gupta and Mr. Arsh
Raina, Advs.
versus
NATIONAL TESTING AGENCY (THROUGH THE DIRECTOR)
& ORS. .....Respondents
Through: Ms. Pankhuri Shrivastava and Mr.
Aditya Kumar, Advs. for R-1/NTA.
Ms. Avshreya Pratap Singh Rudy,
Adv. with Ms. Usha Jamnal and Ms.
Harshita Chaturvedi, Advs. for CFSL
and CERT.
Ms. Aastha Gupta, GP with Mr.
Manish Kapoor, Ms. Kiran Bharti and
Ms. Parul Mittal, Advs. for UOI.
Ms. Neha Rastogi, Adv. with Mr.
Animesh Rastogi, Mr. Vibhav Singh
and Mr. Rajat Dubey, Advs. for R-2
and R-3.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/06/2025 at 16:13:08
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 20.05.2025
1. In these petitions, vide separate orders of even date 14.05.2025, this Court had sought expert opinion and referred certain aspects to be investigated by CFSL, New Delhi. Accordingly, a request was made to Director, CFSL, New Delhi to expedite the investigation and furnish a report in a sealed cover on or before 22.05.2025.
2. However, a letter dated 19.05.2025 written by the Director, CFSL has been received by the Registrar General of this Court wherein it has been stated that CFSL does not have the requisite Network Forensics in its scope of services nor CFSL, Delhi has the required logistics for server imaging of NTA/NIC, to extend the services sought in the aforesaid orders. The letter dated 19.05.2025 received from the Director, CFSL is taken on record.
3. It is further pointed out in the letter that Computer Emergency Response Team (CERT-IN), the Nodal Agency under MeitY, Govt. of India has the facility for investigation as has been ordered in the aforesaid orders.
4. Ms. Avshreya Pratap Singh Rudy, learned counsel appearing on behalf of CFSL, as well as, for CERT-IN, informs the Court that even CERT-IN does not have the mandate and capability of performing the requisite Network Forensics and Server Imaging. Accordingly, on instructions, Ms. Rudy has suggested the name of National Cyber Forensic Laboratory (NCFL).
5. The learned counsel appearing on behalf of the petitioners, as well as, for the respondent/NTA are agreeable to the name of the expert body This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 16:13:08 suggested by Ms. Rudy.
6. Accordingly, Director, National Cyber Forensic Laboratory, Sector 16C, Dwarka, New Delhi is requested to do the needful for exploring the answers to the queries posed by this Court in orders dated 14.05.2025, in both the captioned writ petitions.
7. The Director, NCFL is at liberty to ask for any further information from the petitioners or the NTA, and inspect any other records relevant to the controversy articulated, and the queries posed in the previous orders dated 14.05.2025, including server imaging.
8. The Director, NCFL is requested to expedite the investigation and furnish a report in a sealed cover on or before 29.05.2025 in view of the urgent nature of the matter, since result of JEE (Advanced) 2025 will be declared on 02.06.2025.
9. The Registry is directed to send all the documents, as well as, devices referred to in the previous orders to the NCFL forthwith. The learned counsel appearing on behalf of the parties may coordinate with the Registry for the said purpose.
10. A copy of this order be given dasti under the signatures of the Court Master.
11. Re-notify on 29.05.2025.
12. The date already fixed i.e. 23.05.2025 stands cancelled.
VIKAS MAHAJAN, J MAY 20, 2025/N.S. ASWAL This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 16:13:08