JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The petitioner was a candidate for the post of Lecturer (Mathematics), which was advertised vide advertisement dated 30.05.2009, on which the selection was being made by the Uttarakhand Public Service Commission. Petitioner secured 54 marks out of 100, however, there was another candidate i.e. private respondent no.4 who had also secured 54 marks who was selected. According to the petitioner, he was liable to be given preferential right as he is having NCC “C” Certificate. 2. Without going into the controversy, since a new fact has come that respondent no.4 has not joined the post and presently he is working as Assistant Teacher L.T. Grade (Mathematics) in Government Inter College, Purola, District Uttarkashi, fairness demands that the petitioner should have been given a chance as he has secured equal marks as that of the last selected candidate. The reason why he has not been selected and given appointment by the Public Service Commission is that name of the petitioner did not figure in the waiting list as respondent no.4 though having equal marks was placed in the select waiting list as he was senior in age. However, since it has come on record that the respondent no.4 has not joined the post, the petitioner is liable to be selected and appointed. 3. In view thereof, in case the selected candidate/respondent no.4 has not joined the post for which his name was recommend by the Uttarakhand Public Service Commission or is not willing to join the post, a fact which the Public Service Commission shall verify, and thereafter if it is so, recommend the name of the petitioner, provided there is no other ineligibility attached to the candidature of the petitioner. 4. No order as to costs.