IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 136 of 2008 Dan Singh Mehta and others .……… Appellants Versus State of Uttarakhand and others ………. Respondents Mr. Shobhit Saharai, Advocate for the appellants. Mr. Sudhir Kumar, Brief Holder for the respondents. JUDGMENT Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) With the consent of the learned counsel for the parties, this appeal is being taken up today for final disposal at the motion hearing stage without it being formally admitted for hearing. We have seen the impugned order dated 1st August, 2008 passed by the learned Single Judge in Interim Relief Application No. 4862 of 2008 and find that the learned Single Judge erroneously directed the petitioners/appellants to make a representation to the Additional Director General of Police (Admin.), Uttarakhand. In view of the facts and circumstances of this case, the petitioners’ making a representation to A.D.G.P. (Admin.) perhaps might be a futile exercise in view of the fact that ADGP (Admin.) himself had issued an order which was impugned in the writ petition. While setting aside the order dated 1st August, 2008, we permit the appellants/writ petitioners to provisionally appear in the ensuing promotional examination to be held on 10th August, 2008. We wish to make it clear that this provisional permission to appear in the examination is entirely at the risk and responsibility of the appellants. The result of this examination shall not be declared in so far as the appellants are concerned without the leave of the writ court. The appeal is disposed of. 2 Because of the issues involved the writ petition shall be disposed of expeditiously. Mr. Sudhir Kumar, Brief Holder for the respondents undertakes to convey the aforesaid direction to all the concerned authorities for its implementation in letter and spirit. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 08.08.2008 08.08.2008 LSR/Shiv