S T VENKATAIAH THIMMAIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) In these petitions under Art. 226 of the Constitution, the petitioners have challenged the validity of the order of the Government dated 28-6-1966 regularising the services of Respondents 2 to 9 who had been appointed as local candidates to certain teaching posts in the Government Medical Colleges and the Government Dental College. In W. P. No. 858 of 1967 the petitioner had also asked for quashing the Government Order dated 28-2-67 promoting Respondent 8 as Assistant Professor in medicine; and for a mandamus directing the State Government to appoint him as an Assistant Professor in Medicine with effect from 28-2-1967.

(2.) At the outset it is convenient to trace the development of rules regulating recruitment to teaching posts in the Government Medical Colleges and the Government Dental College.

(3.) In exercise of the powers conferred by the proviso to Art. 309 of the Constitution, the Governor of Mysore made on 1-12-1960 rules called the Mysore Medical Department Services (Recruitment) Rules, 1960 (hereinafter referred to as the 1960 Rules). Under these rules, the posts of Professors, Assistant Professors and Lecturers existed only in non-clinical subjects in the Government Medical Colleges. For clinical subjects, Surgeons and Assistant Surgeons were posted as Professors, Assistant Professors and Lecturers.