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2025 DIGILAW 805 (RAJ)

Kalpana Bhardwaj v. State of Rajasthan

2025-03-17

MANINDRA MOHAN SHRIVASTAVA, YOGENDRA KUMAR PUROHIT

body2025
Order : 1. Heard on application for vacation of stay. 2. Learned counsel for the respondents would submit that the interim order passed by this Court, by which, against the provisions contained in law, the petitioner has been allowed to continue beyond the age of superannuation, may be vacated, in view of the detailed order passed by this Court at Jaipur Bench on 07.03.2024 in D.B. Civil Writ Petition No.5846/2023 , Dr. Ashok Kumar Sharma & Ors. vs. State of Rajasthan & Anr 3. Learned counsel for the petitioner, on the other hand, would submit that the petitioner’s case stands on a very strong footing. Relying upon the provisions contained in Section 51 of the MBM University, Jodhpur Act, 2021 read with the provisions contained in the Ordinance promulgated vide notification dated 01.03.2019 of the AICTE framing Regulations as also the Ordinance of JNVU University, it is submitted that notwithstanding the prescription contained in the statute of the University, the age of retirement is required to be treated as 65 years and the Ordinance was also required to be appropriately amended. 4. Having heard learned counsel for the parties and taking into consideration the order passed by this Court in Dr. Ashok Kumar Sharma (supra) and the orders passed by Hon’ble Supreme Court in the cases of Central Council for Research in Unani Medicine vs. Dr. Salma Khatoon & Ors. [Civil Appeal No.2476-2478 of 2020 decided on 01.06.2020] and Central council for Research in Ayurvedic Sciences & Anr. vs. Bikartan Das & Ors. [Civil Appeal No.3339 of 2023 decided on 16.08.2023] , we are not inclined to continue with the interim order. 5. The stay order passed by this Court is, therefore, vacated. 6. It is, however, made clear that the retirement of the petitioner would be subject to final outcome of the writ petition. This order shall not be treated as authority to recover what has already been paid to the petitioner and appropriate adjustment of financial claim shall be made at the time of final decision of the matter. 7. List this case for final hearing in the month of July, 2025 along with D.B. Civil Writ Petition No.932/2023 and other connected matters.