Manoj Kumar Gupta, J. - (1.) The instant petition has been filed for issuance of a mandamus commanding the respondents to appoint the petitioner on permanent post of Optometrist at Primary Health Centre, Majhgawan, Bareilly. The case of the petitioner is that he is working on contractual basis as Optometrist at Primary Health Centre, Majhgawan, Bareilly, since the year 2012. According to the petitioner, he is entitled to be absorbed as a permanent Optometrist on the vacant post.
(2.) A query was made to learned counsel for the petitioner, as to under which provision of law, the petitioner is seeking his absorption or appointment on permanent basis against the vacant post. However, he is unable to give any satisfactory reply. He also could not place before the Court any Service Rule, Government Order or any other instruction issued by the Government on the basis of which, he could be given an appointment on permanent basis on the vacant post of Optometrist, without his applying for selection.
(3.) The petition being wholly misconceived is accordingly dismissed.;