GRIFFITH, J.
This is a petition for a writ of mandamus arising from the continuing conflict between the Advisory Commission of the Department of Health and Welfare and the Governor and Council concerning the appointment of a commissioner of health and welfare. RSA 126-A:4 (Supp. 1973) provides that the commissioner of health and welfare "shall be appointed by the governor and council from two or more nominees or, if agreeable to the governor, a lesser number of candidates...
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