SATICHIDANANDA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appeal by special leave is directed against the judgment dated 6th August, 2001 passed by the orissa High Court declining to set aside order of Orissa Administrative Tribunal whereby orissa Medical Education Service (Appointment of Junior Teachers Validation) Act, 1993 (for short, 'the Validating Act') has been declared as ultra vires the Constitution of India. The factual background which gives rise to the present controversy is narrated as follows.

(2.) On 24th September, 1973, the Orissa medical Health Services (Recruitment and Promotion to Teaching Posts in the Medical Colleges) rules, 1973 (hereinafter referred to as the '1973 Rules') were framed under proviso to Article 309 of the Constitution. These Rules provided that appointment to the posts of Junior teachers shall be made through a Selection board by recruitment from amongst the assistant Surgeons with at least one year's experience as such, in consultation with the orissa Public Service Commission (hereinafter referred to as 'opsc'). Rule 3 (f) defined 'selection board' to mean a Selection Board appointed by the State Government to select persons for appointment to the Junior or Senior teaching posts and shall consist of the Principals of Medical Colleges in the State and such others as may be nominated by the Government. The 1973 Rules came to be repealed by another set of Rules dated 13th August, 1979 made under proviso to Article 309 of the Constitution, called The Orissa Medical Education service (Recruitment) Rules, 1979 (for short, '1979 Rules'). Under these Rules, vide sub-rule

(3.) The Administrative Tribunal by its order dated 30th November, 1998 declared the validating Act ultra vires and inoperative. The decision of the Tribual has been upheld by the division Bench of the Orissa High Court by the impugned judgment.