1 S.B.CIVIL WRIT PETITION NO.3868/1997 Ashok Kumar Garg Vs. State of Raj. & Anr. Date of Order :: 19.02.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr M.R. Singhvi, for the petitioner/s. None present for the respondents. ... The Chief Engineer, Department of Irrigation, Government of Rajasthan, Jaipur in the year 1987 invited applications from eligible aspirants to be recruited as Junior Engineer - Diploma Holder (Civil) against existing 460 posts. As a consequent to short-listing the petitioner was not called for to face the interview, thus, he filed writ petition before this Court wherein an interim order was passed directing the respondents to consider candidature of the petitioner. Accordingly, the same was done. As per the petitioner before making appointments as a consequent to the process of selection initiated under the advertisement referred above, the Government of Rajasthan decided to adjust work-charged employees on the post of Junior Engineer in the year 1988-89. To claim appointment, as a consequent to the process of selection which was faced by the petitioner, this petition for writ is preferred with other ancillary directions such as to disclose the criteria for selection and to provide exact number of persons who were working on adhoc basis as Junior Engineer occupying regular post. In reply to the writ petition it is stated by the respondents that in pursuant to the interim order granted by this Court in earlier petition for writ filed by the petitioner he was called for to face interview, however, the criteria of adopting short-listing was ultimately approved 2 by this Court. It is also stated in reply to the writ petition that as a matter of fact because of various decisions of the Government of Rajasthan the actual number of vacancies available remained 122 and those 122 posts were filled-in in order of merit under an order dated 23.12.1996. As per the respondents no vacancy subsequent thereto was available which was part of the advertisement which is said to be issued in the year 1987. The fact regarding reduction of vacancies during the period from 1987 to 1996 is not disputed. It is always open for employer to enhance or reduce the vacancies required to be filled in and even to fill in or not the existing vacancies is also within the discretion of the employer. An employer can retain certain vacancies unfilled for obvious objective reason. In the instant matter all 122 available vacancies relating to the post of Junior Engineer - Diploma Holder (Civil) were filled in by the Government of Rajasthan under an order dated 23.12.1996 and as such no relief as prayed by the petitioner can be granted. The petition for writ, for the reasons stated above, has no merit, and therefore, the same is dismissed. (GOVIND MATHUR), J. Jgoyal '