- (1.) It is stated by learned counsel appearing for the appellant State that the present matter is covered by the decision rendered by the Division Bench of this Court on 13.1.2009 in D.B. Civil Special Appeal No.667/2008 (State of Raj. & Ors. vs. Dharmendra Vaishnava). Following order was passed by this Court :- "Heard learned counsel for the appellant. This appeal is directed against the order dated 20.10.2005 passed by a learned Single Judge of this Court in Writ Petition No.2188/2005 whereby and whereunder the writ application was disposed of in the light of the judgment rendered by this Court in S.B. Civil Writ Petition No.4818/2003 (Vinod Kumar vs. State of Rajasthan & ors.).
(2.) We are informed that the judgment rendered in Vinod Kumar (supra) was challenged before the Apex Court and the Special Leave to Appeal of the State was dismissed. In that view of the matter the judgment rendered in Vinod Kumar (supra) has attained finality and thus the impugned order cannot be faulted. The appeal lacks merits and is dismissed."
(3.) This appeal being similar, is also dismissed for the reasons mentioned above.;