(1.) ALL the aforesaid writ petitions divided into two sets. The first set consists of O. J. C. No. 10973 of 1997. 11093 to 11096 of 1997, 11240 of 1997, 11561 of 1997, 11562 of 1997, 15966 of 1997, 15967 of 1997, 15968 of 1997, 16132 of 1997, 3185 of 1999. 5413 of 1999 and 5944 of 1999. The second set consists of O. J. C. Nos. 17607 of 1998. 3460 of 1999, 4136 of 1999, 4455 of 1999, 5945 of 1999 and 4189 of 2000. In the first set of cases, the petitioners have prayed for quashing of order dated 3. 7. 1997 of the Chairman, Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O. A. Nos. 2250 (C) of 1993, 2747 (C) of 1994. 3 (C) of 1995 and 746 (C) of 1998 and order dated 9.3.1999 of Bhubaneswar Bench of the Tribunal in O. A. No. 464 (C) of 1998 and O. A. No. 3247 (C) of 1997. One of the grounds of challenge is that under the Administrative Tribunals Act, 1985, a single member of the Administrative Tribunal has no jurisdiction to decide the vires of a statute and declare the Orissa Medical Education Service (Appointment of Junior Teachers Validation) Act, T993, as ultra vires the Constitution. In the second set of cases, the petitioners have prayed for quashing of the common order dated 30.11.1998 passed by the Division Bench of the Orissa Administrative Tribunal (for short, 'the Tribunal') in O. A. Nos. 1570 (C) of 1994, 915 (C) of 1997, 4041 (C) of 1996 and 3132 (C) of 1997 and order dated 3.2.1999, of the Cuttack Bench of the Tribunal in O, A. Nos. 1812 (C) of 1999, 273 (C)/97, 274 (C) of 1998. 275 (C) of 1998, .276 (C) 1998, 578 (C) of 1998 and 1956 (C) of 1998 declaring Section 3 of the Orissa Medical Education Service (Appointment of Junior Teachers Validation) Act, 1993, i.e. Orissa Act, 11 of 1993 (hereinafter referred to as 'the Validation Act') ultra vires the Constitution. The Tribunal as a consequence has quashed the seniority assigned to those applicants who filed the aforesaid original application before it.
(2.) ALL the aforesaid matters being analogous were heard together with the consent of counsel for parties and are disposed of by this common order.
(3.) THERE is no dispute with regard to the basic facts leading to the filing of these writ petitions except that the petitioners and their contesting opposite parties belong to different disciplines/ specialities and the petitioners are amongst those 49 ad hoc appointees whose appointments as Junior teachers have been validated under the Validating Act.