Common questions of fact and that of law arise for decision making, with the consent of the learned together, finally heard and disposed of by this common order.

2. The petitioners, appointed as paramedical staff in Hassan Institute of Medical Sciences (for short ‘HIMS’) and the Mysore Medical College and Research Institute, for short MMCRI have assailed:

(i) Orders of even date 26.8.2010 of the State of Karnataka cancelling the selection and their appointments;

(ii) Orders of even date 26.8.2010 of HIMS and MMCRI relieving them from duty.

3. Facts in brief RELATING TO ‘HIMS’ (W.P.27062-201/2010; 27893-978/2010; 27236-334/2010) are:

a) Respondent – ‘HIMS’, a Society registered under the Karnataka Societies Registration Act, 1959 is an autonomous body under the control of the State, established with the object of promoting medical education and governed by

(i) Hassan Institute of Medical Sciences Rules and Regulations, 2005 (for short ‘Rules’);

(ii) Hassan Institute of Medical Sciences Bye-Laws (for short ‘Buye-laws’);

(iii) Hassan Institute of Medical Sciences (Pay recruitment conditions of service and Miscellaneous Provisions) Rules, 2005 (for short ‘C & R Rules’). The State, by order dated 7.9.2006 allocated funds to HIMS and approved the recruitment of teaching and non-teaching staff for the years 2006 through to 2011, pursuant to the concurrence dated 2.8.2006 of the Finance Department.

b) HIMS engaged paramedical personnel on contract basis and when notifications dated 18.06.007 and 13.08.2008 were issued to fill up the sanctioned vacant posts of non-teaching staff, were questioned in W.P.No.13483/2008 and batch whence a learned Single Judge, recording the submission of the learned counsel for HIMS that a fresh notification would be issued subject to imprimatur to withdraw the notifications impugned therein, disposed of the petitions permitting the withdrawal, with a direction to continue the petitioners therein (contract employees) until fresh appointments are made in accordance with law, by order dated 11.02.2009.

c) The rules stipulate the following as members of the Governing Council of HIMS:

(i) Minister for Medical Education – Chairman;

(ii) Minister-in-charge of the District – Co-chairman;

(iii) Principal Secretary / Secretary to Government Finance Department or his nominee not below the rank of Deputy Secretary – Member;

(iv) Principal Secretary / Secretary to Government Health & Family Welfare or his nominee not below the rank of Deputy Secretary – Member;

(v) Principal Secretary / Secretary to Government Planning Department or his nominee not below the rank of Deputy Secretary – Member;

(vi) Secretary, Social Welfare Department or his nominee not below the rank of Deputy Secretary – Member;

(vii) Health & Family Welfare (Medical Education) or his nominee not below the rank of Deputy Secretary – Member;

(viii) Commissioner for Health and Family Welfare Services or his nominee not below the rank of Additional Director – Member;

(ix) Vice-Chancellor, Rajiv Gandhi Institute of Health Sciences – Member;

(x) Director of Medical Education – Member;

(xi) Chief Engineer (C & B) or his nominee not below the rank of Executive Engineer – Member;

(xii) Deputy Commissioner, Hassan – Member;

(xiii) The Chief Executive Officer, Zilla Panchayath, Hassan – Member;

(xiv) Principal of the College – Member

(xv) Medical Superintendent of the Hospital – Member;

(xvi) Chief Accounts Officer – Member;

(xvii) Financial Advisor – Member;

(xviii) Two persons who are specialized in the field of medical education – Member;

(xix) Director who is the Principal Secretary – Member. d) The Finance Committee consists of the following:

(i) Secretary to Government, Health and Family Welfare Department (Medical Education) – Chairman;

(ii) Secretary to Government, Finance Department or his nominee not below the rank of Deputy Secretary – Member;

(iii) Secretary, Planning Department or his nominee not below the rank of D