Heard finally with the consent of the learned counsel for the parties.
This intra court appeal is directed against the order of Single Bench dated 10.12.2008 whereby writ petition filed by the respondent No. 1, Shiv Raj, has been allowed and it has been directed that his candidature may be considered for appointment to the post of PTI Gr.-III, in pursuant to advertisement issued in June 2003.
Learned counsel for the respondent No. 2 submitted that controversy involved with the present case, has already been resolved by judgment of the Division Bench of this Court in State of Rajasthan v. Ramesh Chandar Kathik, D.B Civil Special Appeal (Writ) No. 1288/2005 decided on 13.7.2006 He further submitted that the impugned order passed by the Single Bench is based on judgment of Single Bench passed in CWP No. 5835/2003, Ramesh Chandar Kathik v. State of Rajasthan, decided on 3.12.2004 which has been affirmed by the Division Bench while dismissing D.B Civil Special Appeal preferred by State of Rajasthan. He further submitted that the Division Bench while dismissing the special appeal of State against Ramesh Chandar Kathik, relied upon earlier judgment of the Division Bench in State of Rajasthan v. Umesh Jangid, RLW 1997 (3) Raj. 1621. He therefore, submitted that the present intra court appeal be dismissed being covered by the above referred two judgments of the Division Bench of this Court.
We have considered the submissions of the learned counsel for the parties.
On the last occasion, learned counsel for the appellants was directed to inform this court as to whether the judgments of the Division Bench in case of State of Rajasthan v. Ramesh Chandar Kathik (supra) and State of Rajasthan v. Umesh Jangid (supra), have been accepted by the State Government or the same has been challenged before Apex Court by way of special leave petition.
Learned counsel for the appellants submitted that the judgments delivered by the Division Bench in State of Rajasthan v. Ramesh Chancdra Kathik and State of Rajasthan v. Umesh Jangid have not been challenged by the State of Rajasthan before Hon'ble Apex Court by way of special leave petition and they have attained finality.
In these circumstances, we are of the view that the present matter is fully covered by two decisions of two Co-ordinate Division Benches of this Court and for the same reasons assigned in the aforesaid two matters, the present special appeal deserves to be dismissed and is, hereby, dismissed with no order as to cost.