IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 363 of 2011 Naresh Pal Singh ….…… Petitioner Versus Uttarakhand Public Service Commission and others. ………. Respondents Present: Mr. Bhagwat Mehra, Advocate for the petitioner. Mr. B.D. Kandpal, Advocate for respondent No.1. Mr. Vinay Kumar, Standing Counsel for the State/respondent Nos. 2 to 5. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble U.C. Dhyani, Judge Date : 22nd December, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) In terms of the earlier order of this Court, respondent- Commission has filed an affidavit, where it has accepted the contention of the petitioner that in the merit list, the position of the petitioner was immediately after the respondent No.7. In the said affidavit, the Commission has also accepted that respondent Nos. 6 & 7 were recommended for being appointed on two available posts and they have chosen one of those recommended posts and as such, two posts are still available, in respect whereof recommendations can be made by the Commission. It has also been indicated in the affidavit that in such view of the matter, the Commission has decided to recommend the petitioner for the post of Assistant Engineer (Mechanical) as per his preference, and that, a post of Assistant Engineer (Mechanical) is also available. 2. In those circumstances, we dispose of the writ petition by requesting the Commission to make recommendation in favour of the petitioner, as indicated above, at an early date. (U.C. Dhyani, J.) ( Barin Ghosh, C.J.) 22.12.2011 22.12.2011 P. Singh