IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7521 of 2006 CHANDRA SHEKHAR YADAV SON OF SHRI LAKHAN LAL YADAV RESIDENT OF VILLAGE TILAKPUR, SULTANGANJ, BHAGALPUR. Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, MUNGER AREA, MUNGER. 3. THE SUPERINTENDENT OF POLICE CUM CHAIRMAN, SHEKHPURA JAMUI, MUNGER POLICE SELECTION BOARD. ----------- 2 16/11/2010 Petitioner was one of the candidates for the post of Constable in terms of advertisement issued in the year 1998. His stand is that he was found otherwise fit in every respect but was not appointed and so approached the Deputy Inspector General of Police, Munger with his grievance. There is a letter on record to show that the Deputy Inspector General of Police gave a direction for appointment of the petitioner in the year 2002 but that appointment never came to be made. It is only four years thereafter petitioner filed the present writ application seeking a direction for appointment on the basis of the recommendation of the Deputy Inspector General of police. Irrespective of the stand taken by the respondent - 2 - State in this matter, one basic fact cannot be overlooked that selection and appointments are to be made against the vacant posts available at the relevant time when the selection was made and appointments thereafter and the post thereafter came to be filled up. It is too late in the day to consider to give any direction for appointment of the petitioner even if recommendation of the Deputy Inspector General of Police which relates to the year 2002 is taken into consideration. Such appointment is not an on going process where a benefit can accrue to the petitioner even after such a belated stage and the recruitment was itself started in the year 1998 and completed much before the writ application came to be filed in this regard. This writ application is dismissed in view of the above stated position. AMIN/ (Ajay Kumar Tripathi, J.)