IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12454 of 2009 INDRAJIT PRATAP & ORS Versus THE STATE OF BIHAR & ORS ----------- 2/ 5/10/2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners claim to be candidates of backward caste annexure-2 category, are before this Court in context of advertisement No.2 of 2004 for selection and appointment as constables under the B.M.P., Bihar, for which they applied. On record at annexures-2 and 3 are letters for counselling stated to have been sent to them as recently as July, 2008. Though they have appeared at the counselling, they are aggrieved by denial of the benefit of appointment, despite availability of vacancies. They have filed representations annexed at Annexure-7 series dated 30.5.2009. Learned counsel for the State submits that the petitioners have only a right to be considered for appointment and cannot claim a for vested right merely for the reason of being applicants called for counseling, or availability of vacancies. If the petitioners have been called for counselling and they have been considered for 2 appointment, any further right based on such counselling is naturally dependent upon whether they were successful or unsuccessful in the selection process and there can be no vested right of appointment merely by being summoned for counselling. If the petitioners have been selected against the available vacancies, they are entitled for appointment. Conversely, if they have not been selected, no right accrues to them. The writ application is disposed with the observation that any decision on the counseling of the petitioners is required to be taken expeditiously so that their right to be considered does not stand frustrated dependent on their success in the selection process and availability of posts. The writ application stands disposed. KC ( Navin Sinha, J.)