IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 125 of 2007 Dan Singh Kanyal S/o Late Sri Harak Singh .……… Appellant Versus State of Uttarakhand and others ……… Respondents JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Tarun Agarwala, J. J.S. KHEHAR, C. J. (Oral) Mr. Rakesh Thapliyal, Advocate for the appellant. Mr. J.P. Joshi, Chief Standing Counsel for respondent Nos. 1 to 4. Learned counsel for the appellant desires us to examine the instant appeal in the background of a host of facts and documents, which were not available before the learned Single Judge. It is not possible for us to test the order passed by the learned Single Judge on the basis of material which was not available with the learned Single Judge. In view of our disinclination to take into consideration the additional material placed on record of the instant appeal, learned counsel for the appellant states that the appellant may be permitted to move a representation to the respondents, so as to establish that the candidate placed at serial No. 1 in the merit list, from amongst the category of sports quota, had obtained aggregate marks in the process of selection, which were more than the marks assigned to the last candidate appointed, out of the general category. It is submitted that the candidate placed at serial No.1, in the merit list of sports quota should have been accommodated in the general category candidate. It is further submitted, that if that have been 2 done, the appellant herein, who was next in the order of the merit (after the last appointed candidate amongst the category of sports quota) would have been appointed as a Sub Inspector / Intelligence Platoon Commander. Learned counsel for the appellant further states that the respondents be directed to take a final decision on the representation made by the appellant. Mr. J.P. Joshi, Chief Standing Counsel for the State of Uttarakhand has no objection to the consideration of the representation, if any, filed at the hands of the appellant. In view of the above, the instant appeal is disposed of with liberty to the appellant to move a representation, placing facts and material before the official respondents within two weeks from today, along with a certified copy of this order. In case, such a representation is made by the appellant within the time stipulated hereinabove, we direct the respondent No.1 i.e., the Secretary to Government, Department of Home, Government of Uttarakhand, to examine the same and take a decision thereon within two months from the date of receipt of the said representation. It would be appreciated if respondent No.1 while disposing of the aforesaid representation passes a well reasoned speaking order. The instant special appeal is disposed of in the aforesaid terms. (Tarun Agarwala, J.) (J.S. Khehar, C.J.) 14.12.2009 LSR/Shiv