Facts
The Jammu & Kashmir Services Selection Board issued Advertisement Notification No. 04 of 2020 dated 16 December 2020 for 972 posts of Accounts Assistants in the Finance Department. The applicants participated in the selection process, and their recommendations, initially withheld due to verification concerning their category certificates, were subsequently released on 27 February 2025 and 6 March 2025 respectively.
Source reference: para. 2–3Following verification, the applicants were deputed as Accounts Assistant Apprentices for one year of A.C.C. training on 6 May 2025. The training consisted of six months of theoretical training followed by six months of practical training. Under Rule 6 of Schedule XI of the Jammu and Kashmir Civil Service Regulations, apprentices were required to take the departmental examination after completion of the theoretical training.
Source reference: para. 4The Jammu & Kashmir Public Service Commission issued a notification dated 20 May 2025 inviting applications for the ACC/SAC Departmental Examination–2025, with the application window closing on 25 June 2025. Since the applicants had not completed six months of theoretical training by then, they did not apply within the prescribed period.
Source reference: para. 5They completed their theoretical training, proceeded for practical training on 14 November 2025, completed the full A.C.C. training, and were relieved on 15 May 2026. They were thereafter posted as Accounts Assistants on 19 May 2026.
Source reference: para. 6After completing the theoretical training, the applicants sought permission to participate in the departmental examination. The Under Secretary of the Public Service Commission, by communication dated 23 December 2025, requested the Director General, Accounts & Treasuries to furnish the applicants’ eligibility particulars, application forms and supporting documents in offline mode.
Source reference: para. 7As no effective action was taken, the applicants submitted a further representation on 17 July 2026. The Commission subsequently indicated that the ACC/SAC Departmental Examination–2025 was tentatively scheduled for September 2026.
Source reference: para. 8–9Issues
Whether the applicants’ request for processing and forwarding of their eligibility particulars, examination forms, fee and supporting documents in offline mode should be considered despite closure of the online application portal?
Source reference: para. 10–11Whether the applicants should be permitted to participate in the forthcoming ACC/SAC Departmental Examination–2025, including by grant of a one-time procedural relaxation, subject to their eligibility and entitlement under the applicable rules?
Source reference: para. 11, 15Whether the Original Application should be disposed of by directing the respondents to treat it as a representation and pass a reasoned decision, without the Tribunal expressing any opinion on the merits?
Source reference: para. 14–18Law Applied
The Tribunal applied Rule 6 of Schedule XI of the Jammu and Kashmir Civil Service Regulations, under which A.C.C. apprentices are required to take the departmental examination after completion of the prescribed theoretical training.
Source reference: para. 4It further applied the general administrative-law requirement that a competent authority must consider a representation in accordance with the applicable rules, relevant materials and governing law, and issue a reasoned and speaking order.
Source reference: no citationThe Tribunal did not finally determine the applicants’ substantive eligibility or entitlement and expressly left all questions of fact and law open for decision by the competent authorities.
Source reference: para. 15–17Reasoning
The Tribunal noted that the applicants had completed the prescribed A.C.C. training and that the Public Service Commission had earlier communicated to the Director General, Accounts & Treasuries that the applicants’ eligibility particulars and forms could be furnished in offline mode.
Source reference: para. 6–7, 15Since the applicants’ request was limited to consideration of their claim and the respondents’ counsel did not oppose disposal with appropriate directions, the Tribunal found that keeping the Original Application pending would serve no useful purpose.
Source reference: para. 12–14Rather than deciding whether the applicants were substantively eligible to sit for the examination, the Tribunal directed the respondents to examine the request in light of the applicants’ pleadings, documents, completion of training and the applicable rules.
Source reference: para. 15Any procedural relaxation was to be considered only to the extent necessary and subject to the applicants’ eligibility, entitlement and absence of any legal impediment.
Source reference: para. 15Holding
The Original Application was disposed of without adjudicating the merits.
The respondents were directed to treat the Original Application as a representation and consider whether to process and forward the applicants’ eligibility particulars, ACC Departmental Examination forms, requisite fee and supporting documents to the Public Service Commission in offline mode; accept and process the forms despite closure of the online portal; and permit the applicants to participate in the forthcoming ACC Departmental Examination–2025, including by granting a one-time procedural relaxation if legally permissible.
Source reference: para. 15A detailed, reasoned and speaking order was required to be passed within eight weeks from service of the certified copy of the order and communicated to the applicants.
Source reference: para. 16All questions of fact and law were left open, and no order as to costs was made.
Source reference: para. 17–19Original Court PDF
Masooda BanovsFINANCE DEPARTMENT
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