Judgment

SHINGHAL

( 1 ) THESE two appeals by special leave are directed against a common judgment of the High Court of Assam and Nagaland dated 13/08/1971. They arise out of facts which are common, and both the cases have been argued together by the counsel for the parties. We shall therefore dispose of time by this judgment.

( 2 ) THE facts which have been admitted before us are quite simple and may be stated shortly. Dr. Satyabrata Dutta Choudhury, appellant in Civil Appeal No. 1454 of 1972, and Dr. Guru Prasad Sarma, appellant in Civil Appeal No. 1455 of 1972, were appointed as Registrars in Surgery in government colleges of Assam in 1961, under regulation 3 (f) of the Assam Public Service Commission (Limitation of Functions) Regulations, 1951 (hereinafter referred to as the Regulations ). They were then appointed Assistant Professors of Surgery under regulation 3 (e), and took over charge on 23/04/1962. Thereafter respondents Dr. Hamiduddin Ahmed, Dr. Pradipta Kumar Das Gupta and Dr. Jotimoy Dutta were similarly appointed as Assistant Professors of Surgery. The Assant Public Service Commission was consulted in regard to recruitment to the posts. It interviewed the appellants and