IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 18 of 2010 Vipin Kumar ……… Appellant. Versus State of Uttarakhand and others .………. Respondents. Mr. Kishore Kumar, Advocate for Mr. M.C. Pant, Advocate for the appellant. Mr. K.P. Upadhyaya, Advocate for respondent No. 1. Mr. B.D. Upadhyaya, Advocate for respondent Nos. 2 to 3. Date of Judgment: 13.07.2010 JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. KHEHAR, C. J. (Oral) Learned counsel for the appellant states, that the appellant would be satisfied if the instant Special Appeal is disposed of with a direction, that the claim of the appellant be considered for general category vacancies. 2. Learned counsel for respondent Nos. 2 and 3 states, that the respondents have no objection to the consideration of the claim of the appellant by treating him as a general category candidate, if vacancies in the general category are still available. He accordingly states, that he has no objection to the disposal of the instant Special Appeal in terms of the prayer made by the learned counsel for the appellant. 3. In view of the above, without going into the merits of the claim raised at the hands of the learned counsel for the appellant, we consider it just and appropriate to dispose of the instant Special Appeal by directing respondent Nos. 2 and 3 to consider the candidature of the appellant as a general category candidate, if any vacancies in the general category are still available in accordance with law within one month from the date of receipt of a certified copy of this order. 4. The instant appeal is disposed of accordingly. Amit (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 13.07.2010 13.07.2010