IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 689 of 2009 (S/S) 1. Sonu S/o Sri Ratan Lal R/o Dhobi Ghat, Tallital, District Nainital. 2. Ravi S/o Sri Raja R/o Dhobi Ghat, Tallital, District Nainital. ...…………. Petitioners Versus 1. Municipal Board, Nainital. Through its Chairman, District Nainital. 2. Executive Officer, Municipal Board, Nainital. ...…………. Respondents Mr. Jagdish Singh Bisht, Advocate for the petitioners. Mr. Ajay Singh Bisht, Advocate for respondents No. 1 and 2. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed by the parties. 2) By means of this writ petition, the petitioners have sought writ in the nature of mandamus, commanding the respondents to consider the case of the petitioners in the selection process scheduled to be held on 01.07.2009, for appointment of Sweepers. 2 3) A short counter affidavit has been filed on behalf of respondents No. 1 and 2, in which it has been stated that no selection process is contemplated, as mentioned in the writ petition. 4) Learned counsel for the petitioners drew attention of this Court to the Government Order No. 7568 / Nine –1 –95 – 17 SA / 94 dated 28th of October 1995 (copy of which is Annexure –2 to the writ petition), in which it is provided that a quarterly waiting list of the Sweepers will be prepared after interviewing the candidates, and the appointment shall be made from amongst the candidates whose name figure in the waiting list. Learned counsel for the petitioners further contended that in the year 2007, a waiting list was prepared (copy of which is Annexure –3 to the writ petition) in which the names of the petitioners figures at serial No. 24 and 31, respectively. It is also pointed out on behalf of the petitioners that the District Magistrate, Nainital, has passed an order dated 29.06.2009 (copy of which is Annexure –1 to the supplementary affidavit filed on behalf of the petitioners) constituting a Committee of eight members regarding filling up of the posts of Sweepers. 5) I have gone through the aforesaid order dated 29.06.2009. At the end of said order it is clearly mentioned that the Committee constituted shall examine the relevant Government Orders and 3 provisions of law relating to appointment and shall make recommendations, accordingly. Apart form this, it is mentioned that a humanitarian approach may also be kept in mind. I have also gone through the Government Order dated 28th of October 1995, referred by the petitioners. In Para 6 of said Government Order, it is specifically mentioned that the daily wage workers would be allowed to continue. The Order dated 29.06.2009, passed by the District Magistrate, Nainital, appears to have been passed after considering the demands of the Sweepers, who were on Dharna. The order dated 29.06.2009 nowhere directs the Committee to recommend those candidates whose name do not figure in the waiting list. As such, this writ petition is misconceived. 6) Accordingly, the writ petition is dismissed with the observation that the appointments shall be made by the respondents in accordance with the Government Orders and other law application to the recruitment of Sweepers. (Stay Application No. 5577 of 2009 also stands dismissed). (Prafulla C. Pant, J.) Dt. November 18, 2009. H. Negi