CAT Bench Expresses Displeasure with J&K PSC Over Unilateral Reconsideration in Assistant Veterinary Surgeons Case

Asif Iqbal Naik
JAMMU, Dec 4: Proceedings in the high-stakes O.A. No. 991/2025 before the Central Administrative Tribunal (CAT), Jammu Bench, took a sharp turn after the Hon’ble Judicial Member Shri Rajinder Singh Dogra expressed strong displeasure over the Jammu & Kashmir Public Service Commission’s (JKPSC) decision to suo motu reconsider a previously issued rejection order related to candidates for the post of Assistant Veterinary Surgeon (AVS).
The Tribunal took note that the PSC had initiated a unilateral reconsideration process even though the original rejection order was already under judicial scrutiny before the CAT.
Appearing on behalf of the private respondents, Adv. N.D. Qazi submitted that the impugned rejection order was not a routine administrative communication, but a formal, reasoned order passed by the Appellate Authority of the PSC. He argued that once such a final speaking order is issued, the authority becomes functus officio.
“Once the Appellate Authority in the J&K PSC has passed a final and speaking order on the rejection of a candidate’s application, it becomes functus officio,” Adv. Qazi argued, adding that this legal principle bars the authority from modifying, reviewing, or reconsidering its own final order.
He contended that the PSC’s subsequent suo motu reconsideration was ultra vires, particularly because the matter was sub judice before the Tribunal.
After hearing both sides, the Bench, presided over by Hon’ble Judicial Member Shri Rajinder Singh Dogra, questioned the timing, propriety, and legality of the PSC’s unilateral action. The Bench reportedly observed that administrative authorities must refrain from taking steps that defeat or interfere with the purpose of pending judicial scrutiny.
The Tribunal had earlier directed the PSC to produce the entire record pertaining to the reconsideration/recommendation made in favour of the applicant. Upon examining the documents, the Bench expressed serious concern regarding the adherence to judicial propriety by the premier recruiting body of the Union Territory.
In light of the observations, the Tribunal restrained the PSC from making any appointment based on the reconsideration/recommendation contained in Letter No. PSC/DR/VAS/APD/2024 dated 17.11.2025, ordering that no appointment to the post of Assistant Veterinary Surgeon shall be made until further orders.