The appellant has a serious grievance to the direction issued by the Division Bench who set aside the order of the single Judge, who dismissed the writ petition of the respondent in limine.
According to the appellant, the aforesaid direction were number merited inasmuch the respondent had made a false declaration, when he had applied for the post in question on 13.2.1988 stating, inter alia, that he had passed B.E. examination in 1987 securing 5608 marks out of 8000.
According to the appellant the respondent had really companye to pass the aforesaid examination on 30.3.1989 as would appear from Notification No.55/BEF of 1987 August issued by the Controller of Examinations, as per document the respondent had secured 5569 marks.
As to when had this event really taken place cannot be known from this document.
On these having become available, the result of the respondent was declared vide Notification No.55/BEF of 1987 August on 31.3.1988, in which the marks obtained were also given as 5569 out of 8000.
As against this, learned single Judge had accepted the case of the appellant.
The Universitys Certificate can be of numberassistance to the respondent as it merely says about the admission to the Degree in 1987 August .
It has felt aggrieved at the mandamus issued to it by the Division Bench of the Jammu and Kashmir High Court to declare the result of respondent No.1s selection and forward the same to the State, to whom direction given is to appoint the respondent to the post of Assistant Engineer Elect and to treat him as having been appointed from the date other candidates whose names found place in the select list were appointed and give him all companysequential service benefits.
HANSARIA.
The appellant is Jammu and Kashmir Public Service Commission.
The case of the respondent on the other hand is that the result of the examination in question had been announced on 30.10.1987 and his result was withheld for some technical reason and the same having been taken care of a formal declaration of his result was made on 31st March, 1988.
J. Special leave granted.
