IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1135 of 2009 1. MANOJ KUMAR YADAV S/O Shri Chaturi Pd. Yadav, R/O Village, Banshi Chak, P.O. Saidpur, P.S.Pirpaiti, Distt-Bhagalpur. 2. Ashok Kumar Singh S/O Sri Shiv Dayal Singh, R/O-Village, Kunjwanna, P.S.Pirpaiti, Distt-Bhagalpur. ……….Petitioners/Appellants. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 2. The Director General-cum-Inspector of Police, Bihar, Patna. 3. The Inspector General of Bihar Military Police, Patna. 4. D.I.G, Uttari Mandal, Muzaffarpur at Muzaffarpur. 5. Commandant, BMP.6, Katihar. 6. Commandant, BMP.6, Begusarai 7. Commandant, BMP.9, Jamalpur …….Respondents-Respondents. ----------- For appellants:- Mr. Madheshwar Singh, Advocate For the State:- SC-12 -------------- 3 25-Feb-2010 Heard learned counsel for the appellant and learned counsel for the state and perused the order of the writ Court under appeal dated 21.5.2009 whereby writ petition preferred by the appellants bearing CWJC No. 11990/2002 has been dismissed. The substance of the appellants’ claim is that pursuant to advertisement of the year 1998 they also fulfilled the qualification and occupied some position in the select list but after 2002 when a Bench of this Court in a writ petition directed for not making any further appointment from the panel prepared pursuant to advertisement of 1998, the State 2 has arbitrarily terminated the process of appointments. The writ Court has gone into facts to come to the conclusion that facts are not clear whether any vacancies advertised in the year 1998 remained unfilled or not. It has, however, further noted a well established principle that only because a person occupies some place in the select list he cannot claim an indefensible right of appointment unless somebody lower to him in the panel was appointed. In the present case, no one lower in the panel to the appellants has been shown to have been appointed. In the facts of the case, we find no good reasons to interfere with the order of the writ Court. The appeal is, therefore, dismissed. perwez (Shiva Kirti Singh, J.) ( C. M. Prasad, J. )