- (1.) Leave granted.
(2.) Heard counsel for the appellant and also counsel for the contesting Respondent 1. The first respondent submitted an application for appearing in the combined competitive service examination for filling up the various posts in the State of Jammu and Kashmir. The examination consisted of three steps, namely, the preliminary examination, the main examination followed by an interview. The last date for submitting the application for preliminary examination was 16.03.1999. The first respondent submitted his application in time and in the application he did not indicate that he was entitled to the benefit of SRO 126 of 1994 dated 20.06.1994 issued by the State of Jammu and Kashmir whereby the reservation was granted to the residents of the backward area and the line of actual control. The preliminary examination result was published on 15.05.2000 and the first respondent qualified himself in the examination. Applications were called for the main examination and the last date for submitting the applications was 23.08.2000 and the first respondent submitted his application wherein he indicated that he was entitled to the benefit of SRO 126 of 1994 dated 20.06.1994. The appellant Public Service Commission considered the application of the first respondent and took a decision that he was not entitled to claim benefit of the reservation by virtue of SRO 126 of 1994 as he had not claimed the same in the preliminary examination and the respondent was not included as a successful candidate in the category of reserved persons who were entitled to the benefit of SRO 126 of 1994.
(3.) The first respondent thereafter challenged the selection by filing a writ petition and the learned Single Judge of the High Court of Jammu and Kashmir held that the first respondent was not entitled to the benefit of reservation based on SRO 126 of 1994 as he had not indicated in his application for the preliminary examination that he was entitled to such benefit. The writ petition filed by the first respondent was dismissed and he challenged the same by way of LPA (SW) No. D-29 of 2002 and the Division Bench of the High Court of Jammu and Kashmir held that the first respondent herein in fact possesses the eligibility for being considered in the reserved category even before the date of advertisement and he submitted his proof only later and that by itself did not disentitle him from claiming the reservation. Accordingly, the LPA was allowed and the direction to treat him under the reserved category was issued. This is challenged before us by the Public Service Commission.;