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2025 DAILYLAW 27611 (RAJ)

SATISH BIJARNIYA SON OF SH. DAN MAL BIJARNIYA v. UNION OF INDIA

CW/12793/2022 · 2025-08-20

Sanjeet Purohit, Sanjeev Prakash Sharma

body2025

Judgment text

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[2025:RJ-JP:32774-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 12793/2022 Satish Bijarniya Son Of Sh. Dan Mal Bijarniya, Aged About 48 Years, Permanent Resident Of Flat No.4, Sf/9, Ii-Floor, Sector-4, Chitrakoot Scheme, Jaipur ----Petitioner Versus 1. Union Of India, Through Its Secretary, Ministry Of Corporate Affairs, A-Wing, 5Th Floor, Shastri Bhawan, Dr. R.p. Road, New Delhi- 110001. 2. Union Of India, Through Its Secretary, Ministry Of Law And Justice, 3Rd Floor, C-Wing, Lok Nayak Bhawan, Khan Market, New Delhi- 110003 ----Respondents For Petitioner(s) : Mr. Sunil Samdaria For Respondent(s) : Mr. Raj Deepak Rastogi, ASG through VC assisted by Mr. Rajat Sharma HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 20/08/2025 1. Learned Additional Solicitor General states that the issue has become academic so far as it relates to the writ petitioner, as the selection process which was initiated in the year 2022 has attained finality and the appointments have also been made to the various NCLTs. The present petitioner, on account of his age being less than 50 years, was not allowed to participate. The challenge to the provision added again vide Gazette Notification dated 13.08.2021 in the Tribunal Reforms Act, 2021, providing age of 50 years as a minimum age for consideration for appointment to the post of Chairperson or Member, is pending consideration before the Hon’ble Supreme Court in the case of Madras Bar Association v. Union of India & Anr. (Writ Petition Civil No.1018/2021). [2025:RJ-JP:32774-DB] (2 of 2) [CW-12793/2022] The view taken by the Hon’ble Supreme Court earlier in the case of Madras Bar Association v. Union of India [(2021) SCC Online SC 463] decided on 14.07.2021, being again considered. Learned Additional Solicitor General, therefore, submits that the writ petition be dismissed as it remains before us as an academic interest only. 4. Taking into consideration the aforesaid submissions, we deem it appropriate to dismiss the present petition granting liberty to the petitioner to take appropriate steps to participate in the proceedings pending before the Hon’ble Supreme Court, if he so chooses. 5. The writ petition has become otiose so far as the merits of the case, are concerned. 6. Accordingly, the civil writ petition is dismissed with the aforesaid liberty. 7. Pending application(s), if any, also stands disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J SAHIL SONI /90