( 1 ) IN view of the principle question of law and the reliefs being one and the same, in all these petitions, they were heard together and disposed of by this common order.

( 2 ) WRIT petition nos. 9357 of 1996, 10750 of 1996, 10630 of 1996 and 11374 of 1996 are originally filed for quashing the notification dated March 13, 1996 issued by the director of jayadeva institute of cardiology, the first respondent in all these petitions, inviting applications for the posts of assistant professors in various subjects and for a writ of mandamus directing the respondent to consider the case of the petitioners for promotion and to prohibit the respondent to resort to appointment to those posts by direct recruitment.

( 3 ) WRIT petition No. 36710 of 1995 is filed for a writ of mandamus to consider the case of the petitioner for promotion from the post of lecturer to that of an assistant professor in cardiology as per the cadre and recruitment rules produced at Annexure-A and the decision of the sub-committee as per annexure-b.

( 4 ) WRIT petition nos. 27104 and 27105 of 1993 are filed for a writ of mandamus directing the respondent 1 to promote the petitioners to the vacancies of assistant professors in the department of cardiology and thoracic surgery in accordance with the provisional seniority list dated 31-12-1991.

( 5 ) DURING the pendency of these petitions, in view of the contentions of the respondents that, the petitions are liable to be dismissed in view of the amended cadre and recruitment rules providing appointment only by direct recruitment and not by promotion, the petitioners in writ petition nos. 9357 of 1996 and 10750 of 1996 got their petitions amended, for a further writ in the nature of declaration, to declare that the posts of assistant professors in the respondent-institute are required to be filled up by promotion (as no amendment has been effected to the cadre and recruitment rules) or in the alternative to declare the amendment to cadre and recruitment rules as illegal, void and inoperative and consequently to forbear the respondent-institute from enforcing the same.

( 6 ) WRIT petition No. 10630 of 1996 is filed by the association of doctors of jayadeva institute of cardiology for and on behalf of the members of the association.

( 7 ) THE first respondent-institute is a society registered under the Provisions of the Karnataka societies Registration Act with the object of developing the institute into an advanced cardiac centre for heart disease relief, research and training and to further develop the institute into an advanced centre for the comprehensive care of the cardiac patients, research into the causation of serious cardiothoracic diseases and training of medical and paramedical personnel. In sum and substance, it is contended that it is an institute of higher medical education and also p. g. teaching centre and hence the teaching staff must have acquired post-graduation qualification in super-speciality subjects. It has its own bye-laws under which the cadre and recruitment rules of the employees of the institute are framed.

( 8 ) THE respondent-institute in order to appoint lecturers and assistant professors to various departments issued a notification dated March 13, 1996 inviting applications from the aligible candidates. The petitioners who have been working as lecturers for quiet some time and said to have been qualified for being promoted to the posts of assistant professors in accordance with the 1987 regulations, have filed these petitions to quash the notification issued by the institute and to consider their case for promotion and to declare that the cadre and recruitment rules as amended in the year 1994, has not come into force and, also illegal, void and inoperative as stated supra. The case of the petitioners as well as respondents revolves around the cadre and recruitment rules. The petitioners say that they are governed by 1987 cadre and recruitment rules as no other c