ORDER : Leave granted. 2. In the course of hearing, Dr. Krishan Singh Chauhan, learned counsel for the appellant invited our attention to the rejoinder-affidavit filed by the appellant to the counter-affidavit of the respondent No. 1 - State of Bihar. In the rejoinder-affidavit, it is stated that the case of the appellant was one of the involuntary migration due to the employment of his father in the State of Bihar and having been born and brought up in the State of Bihar, he suffers the same disability particular to his caste. 3. Since, this fact is averred by the appellant for the first time in the rejoinder-affidavit before this Court which was not the plea set-up by him in the writ petition before the High Court, having regard to the importance of the matter insofar as the appellant is concerned, we are satisfied that matter needs to be considered afresh by the High Court. 4. We, accordingly, remand the matter to the High Court for fresh hearing and consideration of the writ petition being CWJC No. 16097 of 2007, titled "Rajive Nandan Mourya v. The State of Bihar and others". The appellant is permitted to amend the writ petition on the above lines. It will be open to the respondents to traverse the claim of the appellant by filing counter-affidavit. The High Court may direct the residence and caste claim of the appellant being verified by the appropriate authority before hearing the matter. 5. Civil Appeal is allowed as above. CWJC No. 16097 of 2007, titled "Rajive Nandan Mourya v. The State of Bihar and others" is restored to the file of the High Court for fresh hearing and disposal as noted above. 6. We are informed that the appellant has already been reverted on 22.11.2007. His reversion will be subject to the final decision in the writ petition before the High Court. Needless to say that no recovery shall be made by the State during the period the appellant worked on the promotional post as reserved category candidate before his reversion. No costs. Appeal allowed.