IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5446 of 2006 DR.BRAJ BHUSHAN YADAV & ANR Versus THE STATE OF BIHAR & ORS ----------- 04. 07/08/2008 Heard learned counsel for the petitioners and the State. Petitioners wants a direction upon the respondents to regularize their service if not appoint them on the post of Medical Officer (Indian Medicine). The petitioners had earlier approached this court for a direction of payment of salary. The matter was considered by the respondents and they passed an order stating categorically that they did not have any claim towards payment of salary beyond 1991 because no work was taken from the petitioners thereafter. Nothing more need to be recorded on that account. Petitioners submit that looking at their past association and experience under the respondents they ought to be appointed because there are large number of vacancies available. There is no law which can compel the respondents to make appointment even though vacancies may be available. It is open to employer to decide itself whether it needs the hands in question or not, but if the occasion however arises for filling up the posts and advertisement is made in this regard, the petitioners have liberty to offer themselves for consideration if they meet the eligibility conditions laid down by the respondents. The writ application is disposed of with the above observation. rkp (Ajay Kumar Tripathi, J) - 2 -