1. The matter is such we felt that a case of remand has atleast been made out. We will explain the situation. 2. An examination was conducted by the appellants for admission to Medical Colleges. The reservation policy of the State in the matter of such admissions was applicable to only Government Colleges. Respondent no. 4 to the writ petition despite obtaining 162 marks was recommended for admission to a Private College. Petitioner, who obtained 140 marks, was not recommended for being admitted in any Medical college. He was recommended for being admitted in a Vetenary College. Petitioner contended that seats available to Actual Line of Control Category, to which he belonged, was seven and one Avishekh Chauhan belonging to the self same category got 164 marks, but was recommended for being admitted in a seat reserved for the said category; whereas the last candidate in the open merit category, who had been recommended for being admitted in a Medical College, had also obtained 164 marks. It was contended that in such situation Avhishekh Chauhan should have been treated as an Open Merit category candidate. It was also contended that if such shifting of Avishekh Chauhan had been made, there would have been one more seat available to the category to which the petitioner belongs and he could also be accommodated for that seat. While rendering the judgment and order under appeal, learned Single Judge felt that the contention of the petitioner pertaining to shifting of Avishekh Chauhan, in the facts and circumstances, as pleaded in the writ petition, had not been denied. Proceeding on the basis that such denial had not been made, the judgment and order under appeal has been rendered. We, however, found from the counter filed before the learned Single Judge by the appellants that full reasons had been furnished as to why Avishekh Chauhan could not be treated as an Open Merit category candidate. It was contended that last person in the Open Merit category of male secured 164 marks and Avishekh Chauhan also secured 164 marks. It was stated that in the event, there is a tie, how the same is required to be sorted out was indicated in the Rules and in terms of the directions contained in the Rules for sorting out the same, steps were taken and, accordingly, Avishekh Chauhan lost. It was stated that in the event, there is a tie, how the same is required to be sorted out was indicated in the Rules and in terms of the directions contained in the Rules for sorting out the same, steps were taken and, accordingly, Avishekh Chauhan lost. He, accordingly, could not be treated as an Open Merit category candidate. 3. We think, while this aspect of the matter needs to be gone in, at the same time, it is required to be gone in why a person who got 162 marks could be recommended for admission even in a Private Medical College. 4. However, taking into account, the fact that the admission in question was for the Session 2000-01, it would be a futile exercise to send back the matter. Learned counsel appearing on behalf of the writ petitioner-respondent very fairly submitted that the writ petitioner respondent has not met him for the last 3/4 years. The same suggest that the petitioner-respondent may not now be interested to pursue the matter any more. 5. Having noted the fact that the judgment and order under appeal proceeded on an erroneous basis, that there was no denial of shifting of Avishekh Chauhan, we set aside the judgment and order under appeal and, at the same time, close the writ petition, holding that same has now become infructuous. 6. Appeal stands disposed of as above.