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1997 Supreme(Kar) 728

P.VISHWANATHA SHETTY
Siddalinga Devaru – Appellant
Versus
Selection Committee, Kidwai Memorial Institute of Oncology – Respondent


Advocates:
Advocate Appeared:
Mr. M.P. Eshwarappa, K.G. Nayak, K. Subba Rao, V.S. Naik, for the Appellant
Mr. S. Vijayashankar, Advocate General, B.B. Mandappa, Addl. G.A., A.S. Bopanna, Kesvy and Co., Geeta Devi, for the Respondent

JUDGMENT

P. Vishwanatha Shetty, J.—The controversy raised in these petitions relates to the validity of the Recruitment Rules providing fixation of maximum age limit for being appointed as Director of one of the premier medical care institutions in the State i.e., Kidwai Memorial Institute of Oncology, Bangalore, and the procedure adopted by the concerned authorities in proceeding to select the candidates to the said post.

2. Since the facts pleaded in these petitions are fairly similar and the contentions urged are identical, these petitions were heard together at the stage of preliminary hearing itself in view of the urgency pleaded and disposed of by this common order.

3. Before considering the submissions made by the Learned Counsel appearing for the parties, it is useful to set out in brief the facts which are relevant for disposal of these petitions.

Kidwai Memorial Institute of Oncology, Bangalore (hereinafter referred to as 'the Institute') is an autonomous body registered under the provisions of the Karnataka Societies Registration Act (hereinafter referred to as 'the Act') and is wholly financed by the State of Karnataka. It is also not in dispute that it is an instrument of











































































































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