2005 Supreme(Raj) 2612
S.K.KESHOTE, GYAN SUDHA MISRA, N.K.JAIN
Viswanath Sharma – Appellant
Versus
State of Rajasthan & 3 Ors. – Respondent
Advocates Appeared:
Mahendra Singh with Akhil Simlote, for Petitioner B.P. Agarwal, Advocate General with R.P. Agarwal and J.K. Agarwal, Additional Government Advocate, for State of Rajasthan Abhishek Sharma and Sandeep Mathur, for Respondents
Honble KESHOTE, J.–The learned Single Judge, under its order, dated 9.8.2000, on having found conflict in two Division Bench decisions of the Court in G.N. Tandon vs. State of Rajasthan & Ors. (1996(1) RLR 538 and Dr. Kailash Chandra Mittal & 5 Ors. vs. State of Rajasthan (2000 WLC (Raj.) UC 343), referred the matter to the Larger Bench and the question framed for consideration thereof is whether Ordinance 67-A of the Rajasthan University Ordinances (for short, "the Ordinances"), will prevail or the employees will be governed by the Rajasthan Non-Government Educational Institution Act, 1989 (hereinafter referred to as "the Act, 1989") and the Rajasthan Grant-in-Aid to Education and Cultural Institutions Rules, 1963 (for short, "the Rules, 1963"). Though it is not specifically stated in the question but from the facts of the case, which have come on the record, we find that the dispute relates to the age of superannuation of the teachers in the Non-Government Recognised Affiliated Aided Colleges in the State of Rajasthan.
(2). For adjudication of the question referred to hereinabove the facts necessary for the decision of the case to be noticed briefly are recorded as follows:-
(3). R
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