IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6437 of 2009 AJAY KUMAR & ANR Versus THE STATE OF BIHAR & ORS ----------- 2 20/5/2009 Heard counsel for the petitioner and counsel for the State. There is no law which requires the appointing authority to be directed for filling up the vacant posts of the employees as it is the discretionary power of the appointing authority to do so. In such a situation this Court is not in a position to create any false hope by passing an order that his case may also be considered with other persons in view of the order dated 2.12.2008 in C.W.J.C. No. 6640/2007 (Annexure-10). However, nothing said in this order which would come in the way of the petitioner if the authorities concerned including the Collector of Aurangabad District would feel it necessary to fill up the vacant Class-IV posts by issuing advertisement and preparing a panel as per the Rules of the State Government. In such a situation the petitioner also must get due consideration of his case alike all other candidates from the open market. With the aforementioned observations this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)