Srikrishna, J. - (1.) Leave granted.
(2.) This appeal by special leave is brought by the A.P. Public Service Commission to impugn a judgment of the High Court of Judicature, Andhra Pradesh at Hyderabad directing the appellant commission to give employment to the First Respondent by accommodating him in the next available vacancy. The facts leading to the present appeal fall within a limited matrix and they are as follows.
(3.) On 2-7-1999 the appellant commission published an advertisement inviting applications for filling up various categories of posts including four posts of Women and Child Welfare Officers by direct recruitment from candidates belonging to Scheduled Tribes. The application form given out to the candidates, required by Column 11 and Annexure III, that the candidates should furnish full information with regard to their appointments in Government / private sectors, if any. The notification issued by the commission specifically informed the candidates that giving of any false/ wrong information or suppression of material information would lead to cancellation of the candidature. The First Respondent was a candidate for the recruitment as he belongs to Scheduled Tribe. He filled up the application form, but left Column 11 pertaining to previous employment totally blank. He gave a declaration at the end of the application which stated: "I hereby declare that all statements made in this application are true and correct and I undertake to produce original documents at any moment of time, failing which my candidature could be cancelled." He also filled up Annexure III in which the declaration was as follows: "I hereby declare that I am not working in any Government Department/ Quasi Government/ Public Sector/ Private Sector and that my maximum age does not exceed 35 years as on 1-7-1999. I further declare that the information furnished by me is true and correct and my candidature shall be cancelled at any stage if it is found incorrect." ;