IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1461 of 2009 SAVITA NAG Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner:- Mr. Sharda Nand Mishra, Adv. Mr. Dhanjay Kumar, Adv. For the State:- Mr. Abinash Kumar, J.C. to G.P.-1 For the University:- Mr. A. K. Keshan, Adv. ---------------- 2. 19.5.2009 Heard learned counsel for the Petitioner and the State. The petitioner is the daughter of the employee who died in harness under the appointment of the respondent University. She applied for compassionate appointment when she has been considered and recommended for Class- III post in University College Library. It has now been cancelled by order dated 9.7.2008 with retrospective effect. Learned counsel for the petitioner submits that the petitioner never applied as a Scheduled caste candidate but did so as a backward category candidate. Counsel for the University urges that a mere recommendation creates no right for appointment. While the counsel for the University is right in his submission, nonetheless, if the cancellation of such recommendation is questioned in a Court of law, the respondents are obliged to answer. This Court finds that the ground mentioned in the order of termination that she had wrongly been given the relaxation, in marks considering her to be a Scheduled Caste, has been adequately dealt with by the petitioner in his representation dated 14.8.2008 that she never applied - 2 - in the category of a backward category candidate. This writ application is therefore remanded to the respondent University to decide the matter afresh in light of the representation of the petitioner in accordance with law within a maximum period of six weeks from the date of receipt/production of a copy of this order. It is made clear that this Court has not gone into the merits of the matter which is required to be considered by the University in its entirety after hearing the petitioner and dispose off the same by a reasoned and speaking order. P. Kumar (Navin Sinha, J.)