IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13005 of 2009 YAMUNA PRASAD & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 28.10.2009 Heard learned counsel for the petitioners and the State. The petitioners seek a direction to the authorities to complete the selection process for appointment of Constables in Bihar Police under advertisement 1 of 2004, 2 of 2004 and 3 of 2004. With regard to an advertisement of the year 2004, the writ petition has been filed in the year 2009. The contention is that the selection process is still going on and from the letter dated 22.11.2008 vacancies are available, despite 4th merit list having been issued. The writ petition is very short and cryptic, devoid of necessary foundational facts and pleadings to enable this Court to adjudicate. This Court is satisfied that for reasons to be discussed hereinafter, the writ petition is speculative and is also barred by delay. The letter dated 22.11.2008 sought to be relied upon refers to four merit list having been issued. It is not the case of the petitioners in their pleadings that any of the merit lists contains the names of persons below them in the merit panel. Additionally, mere existence of vacancies does not create any right in the petitioners to demand mandamus to fill up the same. To fill the 2 post or not is the employer’s discretion. This Court additionally finds that the petitioners have only made a bald statement that they were successful candidates. In absence of any further pleadings as discussed above on their having been denied appointment arbitrarily, when persons with lesser merit than them have found place in the successive merit list, this Court finds it difficult to start a roving enquiry at the behest of the petitioner. The last submission very fairly made on behalf of the petitioner is that they have become overage in the meantime. The petitioners even on that account are answerable to themselves for their predicament. It was for them to come to this Court in time before their age ran out. There is no merit in this writ application. It is, accordingly, dismissed. AKS/ (Navin Sinha, J.)