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.
After obtaining orders of the Chief Minister on 4th August, 1980, orders were issued by the State Government to the selected candidates appointing them as Junior Teachers on ad hoc basis.
As such it was decided to fill up the available vacancies by way of ad hoc appointments after screening the bio data of the eligible candidates at the Government level.
This led to the enactment of the Validating Act by which all the 49 Junior teachers appointed on ad hoc basis by the Government were deemed to have been validly and regularly appointed in the service from the date of their appointment as such.
In the interest of teaching it was companysidered absolutely necessary to fill up the said posts on ad hoc basis immediately.
In all, 49 candidates came to be appointed as Junior Teachers on ad hoc basis by the Government.
By a letter dated 4th September, 1979, the Chairman of the OPSC had offered himself to be the Chairman of the Selection Board but numberSelection Board was companystituted under the 1979 Rules.
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 companysist of the Principals of Medical Colleges in the State and such others as may be numberinated by the Government.
A clarification in this regard was sought by OPSC by its letter dated 24th March, 1982 wherein the OPSC had specifically sought for an explanation in regard to the circumstances under which a member of the OPSC was number associated in the Selection Board meetings held on 04th July, 1980 and 10th November, 1980.
According to Government, as many posts of Junior Teachers remained vacant for long time, the Chief Minister passed orders on 27th January, 1980 to fill up those posts by ad hoc appointments without companystituting a Selection Board under 1979 Rules.
The Administrative Tribunal by its order dated 30th November, 1998 declared the Validating Act ultra vires and inoperative.
The OPSC refused to companycur with the ad hoc appointments of these 49 Junior Teachers.
Some appointments were also made on 11th November, 1980.
The Selection Board as per 1979 was, however, never companystituted.
In reply dated 20th September, 1982 to the above letter, the Secretary to the Government of Orissa, Health and Family Welfare Department did number clarify the abovementioned query and vaguely stated that A large number of Junior Teaching posts in different discipline were lying vacant in the three Medical Colleges and their attached hospitals of the State.
With CA Nos.8058, 8059, 8061 8062, 8063, 8064, 8065, 8066, of 2003, Contempt Petition C No.419 of 2002, CA Nos.8060 of 2003, 3015 16 of 2004 and SLP C Nos.13861 862 of 2004 K. Sabharwal, J. 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.
On 9th February, 1982, the recommendations of the Selection Board companystituted under the 1973 Rules, were referred to the OPSC along with the entire list of 145 candidates who had applied for the post pursuant to the advertisement dated 20th September, 1979.
Despite 1973 Rules having been repealed, the Selection Board appointed on 3rd August, 1979 under the repealed Rules was allowed to make the selections.
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 .
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 years experience as such, in companysultation with the Orissa Public Service Commission hereinafter referred to as OPSC .
The factual background which gives rise to the present companytroversy is narrated as follows.
