RAMANAND JHA Vs. STATE OF RAJASTHAN; SECRETARY, MEDICAL & HEALTH (GROUP-IV) DEPARTMENT; DIRECTOR, AYURVED DEPARTMENT, GOVERNMENT OF RAJASTHAN; REGISTRAR, GANDHI VIDHYA MANDIR; BHANWAR LAL DUGGAR

JUDGEMENT

(1.) To question correctness of the judgment dated January 29, 2014, passed by learned Single Bench in SB Civil Writ Petition No.4521/2010, this appeal is preferred.

(2.) By the judgment impugned, learned Single Bench upheld the order passed by the competent authority of respondent Shri Bhanwar Lal Duggar Ayurved Vishwa Bharati Gandhi Vidya Mandir, Sardarshahar, retiring the appellant petitioner on attaining the age of 58 years. While dismissing the writ petition, learned Single Bench held that the Rajasthan Non-Government Educational Institutions Rules, 1993 (hereinafter referred to as 'the Rules of 1993') does not impliedly repeals the Rajasthan Non-Government Ayurvedic, Yunani, Naturopathy, Homeopathy and other Indian Medicinal Recognised Hospitals and Research Institutions (Grant-in-Aid) Rules, 1972 (hereinafter referred to as 'the Rules of 1972'). As per learned Single Bench the Rules of 1972 being special law will prevail over general law i.e. the Rules of 1993, as such, the age of retirement for the Teachers of the Ayurved Vishwa Bharati shall be 58 years only. To understand the controversy involved in this appeal, before coming to facts of the case, it shall be appropriate to introduce the Rules of 1972, the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as 'the Act of 1989') and the Rules of 1993.

(3.) The Government of Rajasthan enacted a policy in the name of Grant-in-Aid Rules of 1972 for grant of financial assistance to the Non-Government institutions involved in Ayurvedic, Yunani, Naturopathy, Homeopathy and other Indian Medicinal Institutions and also to provide service conditions to the employees working with such institutions. Rule 11 (dha) of the Rules of 1972 provides that no teacher shall be allowed to remain in service beyond the age of 58 years, as such, the age of superannuation for the employees working with the institutions receiving aid from the Government of Rajasthan under the Rules of 1972 is 58 years. Under these Rules as per Rule 2(kha) "the Director" means Director, Ayurved Rajasthan and "the Competent Officer" as per Rule 2(ga) means the officer or employee appointed by the Director for the purpose of inspection and other works. Pertinent to mention that the policy enacted though termed as rules, is not having statutory force. The Rules of 1972 are admittedly administrative instructions.