IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2757 of 2010 1. SUBODH KUMAR SINGH S/O SHIYARAM SINGH R/O VILL HAREL P.S- MOHIUDDIN NAGAR, DISTT- SAMASTIPUR 2. MANOJ KUMAR S/O LATE BRIJNANDAN SAO R/O VILL- RAJPURA, PO- HARIDAYACHAK,P.S KALER, DISTT- ARWAL 3. GUDDU KUMAR CHOUDHARY, S/O RAJESHWAR CHOUDHARY R/O VILL BEDAULIYA, P.S- JANDAHU, DISTT- VAISHALI (HAJIPUR) Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE D.G.CUM I.G. OF POLICE BIHAR, PATNA 3. THE D.I.G. OF POLICE, SARAN RANGE, CHHAPRA 4. THE S.P.MUZAFFARPUR SRI SUNIL KUMAR CUM CHAIRMAN CONSTABLE SELECTION COMMITTEE SARAN 5. THE S.P. SARAN ----------- 2/ 26/08/2010 No one appears for the petitioners. Learned counsel for the State is present. Petitioners 2 and 3 have not approached this Court with clean hands when they state at paragraph-16 that they have not approached this Court earlier. The counter affidavit discloses that they have moved this Court earlier as one of the petitioners in C.W.J.C. No.14058/09 which was withdrawn to pursue departmental remedies. The application is therefore dismissed in limine with regard to them. Insofar as petitioner No.1 is concerned, he seeks relief under advertisement No.1/04 for appointment of Constables. He asserts that he got 14 points in the physical test, but does not state that any person with lesser marks has been appointed. - 2 - Mere availability of vacancies in absence of any allegations of arbitrariness or discrimination does not vest a right to appointment unless at least his panel position has been violated. There is no such allegation in the application. The application is dismissed. KC ( Navin Sinha, J.)