The Hon’ble High Court of J&K and Ladakh in a Petition wherein the Petitioners, being aspirants of various exams conducted by the Services Selection Board (SSB), called into question the award of contract in favor of one of the Respondents, M/s Aptech Limited, by the Government/SSB for the conduct of various examinations through online Computer Based Test (CBT) on the ground that the said agency has a tainted past record and has also been blacklisted once, and as such would fail in conducting the examination fairly, held that a Writ Petition cannot be filed on mere apprehensions, without any cause of action being accrued to the Petitioners.

Though the Court observed that the law is settled that institution of writ proceedings need not await actual prejudice and adverse effect and consequences, however, the apprehension of harm must be well founded. In the said case, the Government had already constituted a Review Committee to look into the conduct of JKSSB and M/S Aptech Ltd, and as such, the Hon’ble Court held that since the apprehensions of the Petitioners have already been addressed by the Government, no interference by the Court is warranted under Article 226 of the Constitution.

The Hon’ble Court disposed-off the Writ Petition by, inter-alia, directing the Review Committee to submit its report within ten days from the date of judgment.