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1970 Supreme(SC) 514

J.C.SHAH, G.K.MITTER, K.S.HEGDE, A.N.GROVER, A.N.RAY
State of Mysore – Appellant
Versus
H. Papanna Gowda – Respondent


Advocates Appeared:
For the Appellant :- Jagadish Swarup, Solicitor-General, S.S. Javali and S.P. Nayar, Advocates.
For the Respondent No. 1:- M. Mama Jois and R.B. Datar, Advocates.

JUDGMENT

G.K. Mitter, J. - The State of Mysore has come up in appeal from a common judgment of the High Court at Bangalore disposing of a number of writ petitions and holding void the compulsory transfer of the respondents herein to the Agricultural University under the provisions of the University of Agricultural Sciences Act, 1963.

2. As the same question arise Civil all these appeals it will be sufficient to state the facts in Appeal No. 1968 of 1969 in which one H. Papanna Gowda is the respondent. The said respondent was appointed on January 7, 1959 as an agricultural demonstrator in the Mysore Civil Service. His appointment was as a local candidate' which under the Mysore Civil Service Rules means a person appointed not in accordance with the rules of recruitment. His services were however regularised when he was selected by the Public Service Commission for appointment to that post on August 27, 1959. By an order dated April 4, 1964 he was transferred and posted as a Chemical Assistant of the Sugarcane Research Station Mandya, in the department of agriculture. When he was thus employed, a law made by the State Legislature called the University of Agricultural Sciences Act, 196

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