[1] IN THE HIGH COURTOF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 463 OF 2009 Arun D. Jadhav ... Petitioner. Vs. Balasaheb Swamat Konkan Krisi Vidyapeth & Anr. ... Respondent. Mr. Sandeep D. Shinde for the petitioner. CORAM CORAM CORAM : : : Bilal Nazki and Bilal Nazki and Bilal Nazki and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : April 24, 2009. : April 24, 2009. : April 24, 2009. P.C. 1. Heard the learned Counsel for the petitioner. 2. Three posts of Assistant Superintendent were advertised in the year 2006. Selection was made and ultimately on 10.4.2007 two candidates higher in merit than the petitioner were appointed. Out of the three posts two posts were filled in the year 2007 itself. The petitioner did not challenge the same. Now it appears that the respondents have re-advertised the post which they did not fill in the year 2007 and, [2] therefore the petitioner approaches this Court saying that he was shown at Sr.No.3 in the selection of the year 2006. 3. It is always in the discretion of the employer to fill in the posts as per the requirement. It is also the prerogative of the employer to keep the post/s vacant. Therefore it appears that respondent No.1 advertised for three posts which were available in the year 2006 and after two years they have readvertised the post. Therefore no fault can be attributed to the respondent for taking such a course. Writ petition is misconceived and is dismissed. [Bilal [Bilal [Bilal Nazki,J.] Nazki,J.] Nazki,J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]