D.B.CIVIL RESTORATION APPLICATION NO. 84/2008 Bhanwargar & ors. v. State of Rajasthan & ors. Date of order : 21.11.2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE SANGEET LODHA ... Mr. K.R.Sharan for the petitioner Heard counsel for the petitioner. For non compliance of peremptory order dated 21.8.2008 the appeal in question stood dismissed. Now restoration application has been filed. The defects pointed out by the office were formal in nature, but the same could not be removed within time prescribed by the court. However, we have also perused the order impugned which has been challenged in the appeal. The learned Single Judge of this Court dismissed the writ application filed by the appellant petitioner as not maintainable in view of decision of this Court rendered in D.B.Civil Special Appeal (Writ) no. 174/2004 wherein the court had held that Rajasthan Shiksha Karmi Board is not a State or other authority within the meaning of Article 12 of the Constitution. Since the order under appeal is squarely covered by earlier Division Bench judgment of this Court, the learned Single Judge of this Court was wholly justified in dismissing the writ application as not maintainable. Taking into consideration the totality of the facts as referred to above, no useful purpose would be served by allowing the restoration application as we do not find any merit in the appeal itself. Accordingly, the restoration application and also the appeal are dismissed. (SANGEET LODHA), J. (NARAYAN ROY),C.J. mathur/