IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9128 of 2002 KAPILESHWAR JHA Versus THE STATE OF BIHAR & ORS ----------- 3 10.2.2009 No one appears on behalf of the petitioner. Counsels for the respondents are present. In this writ application, the prayer for quashing of a letter of the State Government addressed to the Government of India dated 28th July, 2000 to say the least is wholly misconceived. The State Government in its wisdom may have rightly or wrongly made a recommendation but such recommendation cannot be made subject matter of the judicial review in writ application. It is the only decision of the Government of India which can be questioned by the petitioner inasmuch as this Court in the order dated 22.9.1999 in CWJC No. 5870 of 1998 had never restricted the power of the State Government to make its recommendation. Inaction of the State Government therefore, in sending its recommendation dated 28th July, 2000 cannot be faulted with because this Court had never said that the recommendation must be made only in favour of the petitioner. That being so, this application is wholly misconceived and the same is dismissed. Rsh (Mihir Kumar Jha, J.)