OM PRAKASH JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners in the instant writ petition are the practising advocates at Jodhpur. They filed the writ petition with the following prayers :-

(2.) According to the writ petitioners, the appointments to the post of Advocate General, Government Advocates, Public Prosecutors and Panel Lawyers are made in a very arbitrary manner simply on likes and dislikes theory and that few lawyers got monopoly in representing the State. According to the petitioners, India being a Sovereign Socialist Secular Democratic Republic, there must be equal distribution of work and equal opportunity to seek work and compete. It is also their case that at present there is no policy guidelines for distributing the work of State litigation and to provide the State with the legal opinion and that the present policy of the Government of appointments of Advocate General, Government Advocates and Public Prosecutors etc. is wholly illegal and void since these appointments are made on the recommendation of various political workers, office-bearers and on the desire of Chief Minister, Law Minister and local M.L.As. etc. which is totally illegal. According to the petitioners that every post/appointment right from the President of India to Constable is public property and every eligible has right to apply and seek these posts and the only method is to advertise the post and appointments be made after due selection based on uniform rules and if these posts are not advertised and eligible persons are not allowed to apply, it is stated that the petitioners will be deprived of their right to apply and seek these posts.

(3.) The writ petition was resisted by the respondent No. 1, the State of Rajasthan by filing a reply. The following are the contentions raised and submissions made on behalf of the respondent No. 1, State of Rajasthan.