IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10658 of 2010 1. DHARMENDRA UPADHYAY S/O SRI JAG NARAYAN UPADHYAY R/O VILL.- NISIZA, P.S.- KARAMCHAK, DISTT.- KAIMUR 2. RAMANUJ MISHRA SO SRI SHIV BACHAN MISHRA R/O VILL.- PEWANDI, P.S.- CHENARI, DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA 2. DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. INSPECTOR GENERAL OF POLICE (HEAD QUARTER), BIHAR, PATNA 4. DEPUTY INSPECTOR GENERAL OF POLICE (HEAD QUARTER), BIHAR, PATNA 5. SUPERINTENDENT OF POLICE, GAYA ----------- 3. 21.06.2011 Heard learned counsel for the petitioners and the State. The petitioners came to this Court earlier in C.W.J.C. No. 14027 of 2009, questioning denial of appointment on the post of Constable under Advertisement No. 1 of 2004 in the District of Gaya. The Court observed that it was not inclined to start a roving enquiry based on inadequate pleadings but permitted them to represent with details. The representation has been disposed by the respondents informing that petitioner no. 2 had obtained 13 marks and his position was at serial 332. Appointment in general category has been made last at 14 marks up to serial 204, while the petitioner no. 1 having likewise 13 marks was at serial no. 211. In both cases no persons below the petitioners with lesser marks is stated to have been appointed. The Court finds no merit in this application. 2 Mere vacancies create no right to appointment. It is the discretion of the employer to fill the same or not. No mandamus can issue for that purpose. The writ application is dismissed. P. Kumar (Navin Sinha, J.)