Judgment

B.L.HANSARIA, J.

(1) SPECIAL leave granted.

(2) THE appellant is Jammu and Kashmir public service commission. 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 1 s selection and forward the same to the State, to whom direction is given 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 consequential service benefits.

(3) THE appellant has a serious grievance against 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.

(4) ACCORDING to the appellant, the aforesaid directions were not 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 come to pass the aforesaid exami