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Expert decisions are made with ample application of mind, court ought not sit in appeals over the same: Delhi High Court dismisses challenge to CERT-IN’s empanelment procedure

Case name: Trusted Info Systems Pvt Ltd. V Indian Computer Emergency Response Team 

Case no.: WP (C) 7508/2021

Date: 21.11.2023 

Coram: Subramonium Prasad, J

Introduction:

High court of Delhi recently upheld the CERT-IN’s decision to uphold master list from the appellant in order to maintain sanctity of the empanelment procedures in IT operations. 

Facts of the case

The petitioner had come before the court, claiming that the CERT-IN Practical Skills Tests evaluation procedure for 2020 and 2021 was completely arbitrary

In this case, operating system-related vulnerabilities were unlawfully added by CERT-IN to the “Master List” (a list of vulnerabilities that need to be found), prepared for tests conducted in 2020-21, but the same was not a part of the scope of tests. 

It is argued by the petitioner that this discrepancy was constantly overlooked, even though there were multiple requests for auditing. 

The respondents have argued that the petitioner failed to qualify the Online Practical Skills Test on two seprate occasions and hence they were debarred for a year as a cool off period. 

Court’s analysis: 

The court found no particular fauled in the decision made by CERT-IN. It is said that the Master list is an important aspect for future empanelment procedures, and witholing it is ensuuring the sanctity of IT operations of important public authorities. It is also concluded that there was complete application of mind by the CERT-IN, and hence its decision was upheld by the court. 

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Written by: Radhika Shekhawat


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