D.B.Special Appeal(Writ) No.363/2008 State of Rajasthan & ors. V/s Manak Chand 31.7.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.S.S.Sharma, Government Counsel for the appellants. Heard learned counsel for the appellants both in limitation application and also in appeal. Delay in filing this appeal is condoned. By the order impugned, the learned Single Judge of this Court issued a writ of mandamus directing the respondents to consider the case of the writ petitioner for appointment on the post of Physical Training Instructor Gr.III. The order is dated 24th January, 2007. The learned Single Judge of this Court having considered the facts and circumstances of the case as also the fact that on account of non-joining of other candidate of scheduled caste, the petitioner being next candidate of scheduled caste in the reserve list ought to have been offered the said post and accordingly, issued directions to consider his case. In view of the directions issued by the learned Single Judge of this Court directing the respondents to consider the case of writ petitioner, in our view, no interference should be allowed in such appeal. Learned counsel for the appellants at the same time is not sure as to whether the case of writ petitioner was considered or not. Regard being had to the facts and circumstances of the case, therefore, we find no merit in this appeal. It is accordingly dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar