W.A.No.614/2011 23.09.2011 Heard both sides. There is delay of 296 days in filing this appeal. Before examining the cause for delay, we decided to examine whether this appeal has any merits. The learned Single Judge has found that the candidate who has been selected received 44 marks while the appellant, who was not selected, received only 28 marks in the selection process and accordingly non-selection of the appellant was justified. In this appeal the learned counsel for the petitioner has raised the contention that out of 11 vacancies advertised, only 8 have been filled up and remaining 3 are vacant and therefore, the appellant should be considered for appointment on those three vacancies. Whether all vacancies should be filled up or not filled up, it is for the employer to decide and not for the employee. Thus the appeal is without any merit and is also barred by limitation. It is dismissed. (Sushil Harkauli) (K.K.Trivedi) Acting Chief Justice Judge A.Praj.