IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3685 of 2010 1. MANOJ KUMAR DAS S/O RAM BIHARI R/O VILL.- CHAMPANAGAR, P.S.- NATHNAGAR, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE D.G. CUM I.G. OF POLICE BIHAR, PATNA 3. THE D.I.G. OF POLICE PURNEA RANGE, PATNA 4. THE THEN S.P. PURNEA CUM CHAIRMAN C.S.C. PURNEA BOARD 5. THE S.P. ARARIA CUM MEMBER C.S.C. PURNEA BOARD 6. THE S.P. KATIHAR CUM MEMBER C.S.C. PURNEA BOARD 7. THE S.P. KISHUNGANJ CUM MEMBER C.S.C. PURNEA BOARD ----------- 2/ 17/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claiming to be a candidate under advertisement No.1/04 in the Scheduled Caste category is aggrieved allegedly on the ground that he had 14 points in the physical selection while persons with lesser marks than him have been appointed in his category. It is submitted that vacancies are still available and therefore the petitioner should be considered for appointment. Learned counsel for the State submits that more than one advertisements have been issued after Advertisement No.1/04. Mere availability of vacancies shall not vest a right to appointment in the petitioner. The Department may decide not to fill up the vacancies for various reasons. He additionally raises the issue of delay with regard to a representation filed in June, 2009. - 2 - Learned counsel for the petitioner submits from annexure-7 that appointments have in fact been made till 26.2.2010. If the petitioner has represented, the matter is more appropriately to be considered by the authorities on all aspects including that of discrimination, delay etc. and disposed off by a reasoned and speaking order within a maximum period of two months from the date of receipt/presentation of a copy of this order. If the respondents opine that the petitioner is differently situated, it shall be necessary for them to spell out the reasons of differentiation in their order. The writ application stands disposed. KC ( Navin Sinha, J.)