Vijender Jain, C.J. - (1.) This judgment will dispose of the above two appeals which have been preferred under Clause X of the Letters Patent against judgment dated 24.1.2007 of the learned Single Judge vide which C.W.P. No. 4779 of 2005 has been decided.
(2.) Jagdeep Nidan (hereinafter referred to as 'the appellant') filed the aforementioned writ petition claiming that he belonged to Scheduled Caste A -Category of the State of Haryana. In response to the advertisement issued by the Haryana Public Service Commission (for short, 'the Commission') for recruitment to five temporary posts of Assistant Director, Industrial Safety and Health (Chemical) Class -II, he had applied for consideration of his candidature against one of these posts which was reserved for the candidates of the said category. It was pleaded that Sunil Kumar Nandu (who was impleaded as respondent No. 3 in the writ petition and hereinafter described as 'respondent No. 3' even though he has filed a separate appeal against the same judgment being L.P.A. No. 77 of 2007) actually hailed from Delhi and, therefore, his application submitted qua the reserved post could not have been entertained by the Commission. As per the appellant, since respondent No. 3 was not a bona fide resident of Haryana, he was not entitled to be considered for appointment against the reserved post as the same was meant only for the candidates of Scheduled Castes A -Category of the State. It was the further case of the appellant that the certificate produced by respondent No. 3 showing him to be resident of Haryana was forged and procured and, therefore, his selection was liable to be set aside.
(3.) After considering the entire material on record, the learned Single Judge concluded that the certificate indicating the domiciled status of respondent No. 3 was, indeed, not genuine and accordingly, set aside his appointment against the reserved post. However, no further direction regarding the preparation of fresh merit list was given, which would have entitled the appellant to get employment against the said post which stood abdicated by virtue of the impugned judgment.;