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2002 Supreme(Kar) 426

P.VISHWANATHA SHETTY
JAYAGANESH BEEDU – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
ASHOK HARANAHAFLI, B.S.Patil, VENUGOPALA GOWDA

P. VISHWANATHA SHETTY, J.

( 1 ) THE petitioner in this petition is working as Superintending Engineer (Mechanical) in the 3rd respondent-New Mangalore Port Trust (hereinafter referred to as the Tort Trust' ). In this petition he has made three prayers. Firstly, he has prayed for striking down "new Mangalore Port trust (Recruitment of Heads of Department) Regulations, 2001" (hereinafter referred to as the regulations') insofar as it provides for the method of selection by "composite recruitment" to the post of Chief Mechanical engineer on the ground that it is arbitrary and ultra vires of constitution of India. Secondly, he has prayed for a declaration that the selection of the 5th respondent to the post of Chief Mechanical Engineer on the establishment of the 3rd respondent-Port Trust as illegal; and thirdly, he has prayed for a direction to the Selection Committee constituted for selection to the post of Chief Mechanical Engineer to consider the case of the petitioner for appointment. Facts in brief, which are not in serious dispute, may be stated as hereunder:

( 2 ) ACCORDING to the case set out by the petitioner, the petitioner is a b. E. (Mechanical) by qualification and has pass











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