IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.601 of 2010 1. ASHOK KUMAR SINGH @ ASHOK PRASAD SINGH S/O LATE RAGHUNI PRASAD SINGH R/O VILLAGE AND P.O - PATHARAHAT , P.S.- DHANARUA , DISTRICT - PATNA 2. SACHIDANAND S/O SRI SUDESHWAR PRASAD R/O VILLAGE - ADAMPUR, PIPALAWAN , P.S - NAUBATPUR , DISTRICT - PATNA. 3. ARBIND KUMAR, S/O LATE TUKAN PRASAD R/O VILLAGE - PAKARTAR , P.O - NAWASICHAK, P.S - DHANARUA, DISTRICT - PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY. 2. THE DIVISIONAL COMMISSIONER ,BHAGALPUR DIVISION, BHAGALPUR. 3. THE DISTRICT MAGISTRATE, BANKA. 4. THE DEPUTY DEVELOPMENT COMMISSIONER ,BANKA 5. THE DEPUTY COLLECTOR (ESTABLISHMENT) ,BANKA COLLECTORATE,BANKA. 6. THE DEPUTY COLLECTOR ,NAZARAT,BANKA COLLECTORATE,BANKA. ----------- 5. 03.05.2010 I.A. No. 3055 of 2010 has been filed for condoning the delay of approximately 16 days in preferring the memorandum of appeal. With the consent of the parties the I. A. application and the main appeal have been taken up for consideration together at this stage itself. Considering the submissions advanced, the delay in preferring the appeal is condoned. The I.A. application stands allowed. The judgment under appeal rightly holds that mere empanelment creates no right to appointment. There is no allegation of any person below the appellant in the panel having been appointed causing hostile discrimination. We are not persuaded that by mere empanelment the appellants had a right to demand that requisition for all vacancies available should have been made and filled up as a matter of right to enable their consideration. To fill or not to fill a vacancy is the privilege of the employer and not for the Court to impose. It goes without saying that if any fresh advertisement is issued and the appellants apply with respect to the same, we expect that the respondents shall duly consider the same in accordance with law in the facts and circumstances of the case without being prejudiced by the present order. The appeal stands dismissed. (Navin Sinha,J.) (Dinesh Kumar Singh,J.) Snkumar/-