Judgment

RAY, J:- This is an appeal by special leave from the judgment dated 12 September 1968 of the High Court of Mysore dismissing by a common judgment a group of petitions. The appellant challenged the Mysore Education Department Service Rules dated 9 January 1967 published in the notification No. ED. 91 DGO, 58 on 9 January 1967.

2. The Rules impeached by the appellant are as follows:-

"In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Mysore hereby makes the following rules, namely:-

1. Title: These rules may be called the Mysore Education Department Services (Technical Education Department) (Special Recruitment) Rules, 1967.

2. Provisions relating to regularisation of appointment of Principal, School of Mines, Oorgaum, Kolar Gold Fields.

Notwithstanding any rule made under the proviso to Article 309 of the Constitution of India, or any other rules or Order in force at any time. Dr. T. Thimmiah, B. SC. (Hons.) Ph. D. (Lond.) F. G. S. shall be deemed to have been regularly appointed as Principal School of Mines. Oorgaum, Kolar Gold Fields, with effect from 15-2-1958.

By order and in the name of the Governor of Mysore

Sd. S. N. Sreenath

Under Secretary to Government Education Department."

3. The appellant was posted as additional in-charge of Technical Education, Bangalore. There were other petitions before the Mysore High Court similarly challenging the aforesaid Service Rule. The petitioners in those cases were the Principal of the Polytechnic at Mysore Head of the Mechanical Engineering Section. C. P. C. Polytechnic, Mysore, Principal of the Polytechnic, Hassan and Principal of B. D. T. College of Engineering Davangere.

4. The appellant joined as lecturer in Physics at the University Department of the Government of Mysore in 1941. In 1946 the appellant took a post graduate degree in Chemical Engineering at Madras University. The appellant was then posted as Lecturer in Chemical Engineering, Government Engineering College, Bangalore. In 1949 the appellant was promoted and posted as Superintendent (Principal), Government Polytechnic, Davangere in the grade of Rs. 200-20-300. In 1954 the appellant was posted as Principal, Polytechnic College at Hassan in the grade of Rs. 200-20-300. The appellant was confirmed in the year 1957 in the grade of Rs. 200-20-300. In Class II with effect from 12 December, 1949. On 1st January , 1957 the pay scale of the appellant was revised at Rs. 250-600.

5. The respondent Thimmiah graduated and was appointed through the Public Service Commission in the year 1951 as an Assistant Geologist in the Department of Geology in the Mysore Government in the grade of Rs. 125-10-175.

6. The respondent went to the United Kingdom and returned in 1957 with a Ph. D. In Geology. In the month of July, 1957 the establishment of the School of Mines at Kolar Gold Fields was sanctioned in the Department of Technical Education. The respondent who was in 1957 a Lecturer in the Department of Geology was deputed for appointment as Vice Principal of the School of Mines at Kolar Gold Fields. On 15 February, 1958 the respondent was asked to perform the duties of the Principal. On 22 July, 1958 Isaacson who was the Principal of the School of Mines at Kolar Gold Fields left. On 25th September, 1958 the respondent was appointed officiating Principal of the School of Mines on a temporary basis with effect from 22 July, 1958. On 3 July (April 2), 1959 the respondent was appointed Principal with effect from 15th February, 1958. The Government of India in the year 1959 wrote to the State Government that the respondent did not possess qualifications and proposed prescribed qualifications for the Principal of School of Mines. Qualifications were proposed by the Director of Technical Education in the month of August 1959. In the month of August 1960 the respondent was promoted in his parent Department of Geology as Geologist.

7. In