IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4841 of 2009 Surendra Kumar Prasad Versus The State Of Bihar & Ors ----------- 2/ 21/07/2011 Heard learned counsel for the petitioner and learned counsel for the State. The cause of action in the writ application is based on an order dated 31.1.1991 in C.W.J.C. No.4835 of 1985. The Court declined to interfere with the order of termination on merits. It was only observed that on an assurance given by the State that whenever any vacancy arises and persons like the petitioner are considered, his case will also be considered sympathetically on merit basis and preference will be given in appointment. That naturally presupposes an advertisement, an application by the petitioner in response to the same, failure to consider him or refusal to grant him preference while making such consideration. Mere sympathy will not supplant the law to enable him to claim a right to be considered for appointment sans advertisement. It is not the case of the petitioner that he applied in response to an advertisement and the respondents have refused to consider him or to give due weightage contrary to the assurance given to the Court. 2 There is no occasion for the petitioner to urge that the respondents have not abided by the assurance given by them to the Court to consider the claims of the petitioner sympathetically. If an advertisement is issued and the petitioner applies in response to the same, in view of the earlier order this Court is of the opinion that the respondents are required to give him due weightage for experience and age relaxation as per their own stand before the Court on the earlier occasion. The writ application is disposed with the aforesaid observation. KC ( Navin Sinha, J.)