PSC Has No Locus To Defend Selection Process When Candidate Whose Appointment Was Set Aside By CAT Chose Not To Agitate Matter: J&K High Court

The Jammu and Kashmir High Court dismissed a review petition filed by the J&K Public Service Commission, holding that a constitutional body had no locus standi in defending a selection which was set aside by the Central Administrative Tribunal, considering the fact that the candidate whose appointment was set aside had not bothered to agitate the issue. The court said that even going by the grounds of the review petition, which emphasize being authorized by the competent authority to challenge the impugned judgment, there is no mention therein as to vide which minutes of meeting the so-referred approval of the competent authority for filing the writ petition against the judgment by CAT was taken. The petitioner had filed the review petition stating that, it being a Constitutional body, has been entrusted with the task of selection of various gazetted posts in J&K, and it was aggrieved by the judgment passed by the Central Administrative Tribunal whereby the selection made by the petitioner Commission was directed to be set aside. The High Court dismissed the writ petition, stating that J&K PSC had no legal standing to challenge the CAT's judgment, especially since Respondent No.