IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2132 of 2009 DHARMENDRA KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 12.2.2009 Heard counsel for the petitioner and the counsel for the State. The grievance of the petitioner as with regard to non-filling up of the required number of vacancies sought to be filled by advertisement No. 1 of 2004 pertaining to the post of constable in the district of Buxar can be more effectively looked into by the Director General of Police because there is an allegation that the vacancy arising out of non-joining of selected candidates (90 in number) is not being allowed to be filled up by the D.I.G., whereas in other words similar vacancies of non-joining candidates have already been allowed to be filled up. Bynow it is well settled that if in a duly undergone selection process the merit list is prepared and offer of appointment is made, the total number of post so advertised sought to be filled up should be filled up from the result of that selection process and if certain vacancies occurred on account 2 Surendra/ of non-joining of selective candidates who are appointed on the post, the resultant vacancies should also be filled up from that very selection list. That being so, it would be the duty of the Director General of Police to look into the grievance of the petitioner, who has already filed a representation to him on 17.1.2009, as contained in Annexures 3 series. The Director General of Police, however, is directed to consider the representation of the petitioner and pass a reasoned order within a period of three months from the date of receipt/ production of a copy of this order. In order to expedite the whole process, the petitioner is permitted to file a fresh representation alongwith a copy of this order and the period of three months would be reckoned from filing of such representation. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) 3