JUDGMENT

S. SAGHIR AHMAD, J.

(1) SPECIAL leave granted.

(2) THE controversy in these cases relates to the appointment of the appellants in Civil No. 8164 of 1995 arising out of Special Leave Petition (C) No. 13002 of 1990 as junior teachers in Dr Abin Chand Homoeopathic Medical College and Hospital, Bhubaneswar (for short, College) affiliated to the Utkal University who, since their appointment, are constantly involved in litigation as their appointments were first challenged in two writ petitions namely, OJCs Nos. 2217 of 1984 and 19 of 1985 in the orissa High court which by its judgment and order dated 30/7/1985 partially allowed the petitions and quashed their selection on the ground that the Selection Board was not constituted in accordance with the provisions contained in Rule 5(1 of the orissa Homoeopathy Medical Teaching Service (Methods of Recruitment and Conditions of Service) Rules, 1980 and issued directions for fresh selection and thereafter when the petitioners were again selected, their appointment, this time, was challenged before the orissa Administrative tribunal which, by its judgment and order dated 14/5/1990 quashed their appointment and ordered that they would continue on ad hoc basis until a final selection was made by the orissa public service commission. It is against this judgment that the Appeal No. 8164 of 1995 arising out of Special Leave Petition No. 13002 of 1990 has been filed.

(3) APPEAL No. 8166 of 1995 arising out of Special Leave Petition (C) No. 474 of 1991 has been filed by the State of orissa against the same judgment of the tribunal passed on 14/5/1990. Subsequent to the judgment dated 14/5/1990 a review petition was filed before the tribunal insofar as it related to the following direction:

"GOVERNMENT may send the names of candidates who have opted according to the seniority 3 to 4 times the number of vacancies with their academic qualification in all examinations along with CCR for consideration."

The tribunal by its judgment and order dated 16/8/1990 allowed the review petition and passed the following direction:

"WE, therefore, direct that the Selection Board under Rule 3 make the selection on merit of all eligible candidates on a procedure prescribed by the State government preferably through a competitive examination and forward 3 to 4 times the names to the public service commission for their final selection. We are sorry that the various amendments made to the 1980 Rules have not been consolidated into one rule causing this error on our part. The error occurred because the three amendments made to the Rules escaped our attention. Since the procedure suggested by us now would be more dilatory than was contemplated earlier according to our direction, the process should be completed within a year."

This order has been challenged in Appeal No. 8165 of 1995 arising out of SLP(C)No. 14868 of 1990.

(4) THIS court while issuing notice on the Special Leave Petitions had directed that status quo as on 26/11/1990 with regard to selection in pursuance of the judgment of the orissa Administrative tribunal, shall be maintained. During the pendency of the SLPs, the State government intended to make promotions on the posts of lecturers from amongst the junior teachers but the tribunal by its interim order dated 12/8/1992 which was, allegedly, passed without notice to the appellants, restrained the State government from making any promotion on the posts of lecturer on the ground that such promotions would result in violation of this courts order regarding "status quo". Appeal No. 8167 of 1995 arising out of Special Leave Petition (C) No. 14340 of 1992 is directed against this order (dated 12/8/1992 of the tribunal.

(5) LEAVE has been granted in all the Special Leave Petitions and they have been heard together for final disposal with Appeal No. 8164 of 1995 arising out of Special Leave Petition (C) No. 13002 of 1990 being the leading case.

(6)