WPSS No. 110/2004 Hon’ble P.C. Verma, J. None appears for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. The petitioner has prayed a writ of mandamus to command the respondents to appoint as Shiksha Mitra in Primary School Aalishal, Patwari Circle Trishula, Tehsil Pokhari District Chamoli: No such mandamus can be issued as a right to appoint is not fundamental right and no duty is cost upon the appointing authority to appoint the petitioner until it is made out that the petitioner stands in the select list and as per select list he is entitled to be appointed, if the juniors to him has been appointed from select list. There is no such case is made out by the petitioner in the present. Therefore, the mandamus cannot be issued, the petition lacks merit. The petition is dismissed, no order as to costs. (P.C.V., J.) 15.09.2008 Bhaskar