RAJESH VYAS Vs. STATE

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS public interest petition has been filed seeking quashing of the advertisement issued on 28.7.2004 and 25.9.2004, and seeking to restrain the respondents from proceeding with the selection process, and also a direction is sought to appoint the Junior Engineers in DPEP/Sarva Shiksha while providing opportunity of being considered to the petitioners, and if they are found suitable, they be given appointment pursuant to the advertisements.

(3.) SECONDLY , the petitioners have alleged to be filing writ petition in representing capacity, and claiming to be unemployed youth, while the respondents in their reply at page 6 in sub -para 2, have clearly raised an objection, to the effect, that out of the three, two petitioners being No. 2 and 3, Kana Ram and Pradeep Chhangani are already working as consultant for civil work in Rajasthan Council of Primary Education at Shergarh and Bap Blocks of Jodhpur District. Thus, the writ suffers from vice of mis -statement of fact. A rejoinder has been filed on behalf of the petitioners, wherein these two persons being employed is not disputed, and all that has been alleged is that in this way, if they are doing something for earning bread and butter, the objection cannot be raised.