- (1.)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.