DR. RAMANAND JHA, AGED 62 YEARS S/O DRAVYESHWAR B/C BRAHMIN, RESIDENT OF SOMANI NIWAS, NEAR JHALARIA DHARAMSHALA, SARDARSHAHAR, DISTRICT Vs. THE STATE OF RAJASTHAN THROUGH THE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF RAJASTHAN, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) To question correctness of the judgment dated Jan. 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.

(3.) 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. THE RULES OF 1972