JUDGMENT

R. K. PATRA, J. — All the aforesaid writ petitions divided into two sets. The first set consists of O. J. C. No. 10973 of 1997, 11093 to 11096 of 1997, 11240 of 1997, 11561 of 1997, 11562 of 1997, 15966 of 1997, 15967 of 1997, 15968 of 1997, 16132 of 1997, 3185 of 1999, 5413 of 1999 and 5944 of 1999. The second set consists of O. J. C. Nos. 17607 of 1998, 3460 of 1999, 4136 of 1999, 4455 of 1999, 5945 of 1999 and 4189 of 2000.

In the first set of cases, the petitioners have prayed for quashing of order dated 3. 7. 1997 of the Chairman, Orissa Admin¬istrative Tribunal, Cuttack Bench, Cuttack in O. A. Nos. 2250 (C) of 1993, 2747 (C) of 1994, 3 (C) of 1995 and 746 (C) of 1998 and order dated 9.3.1999 of Bhubaneswar Bench of the Tribunal in O. A. No. 464 (C) of 1998 and O. A. No. 3247 (C) of 1997. One of the grounds of challenge is that under the Administrative Tribunals Act, 1985, a single member of the Administrative Tribunal has no jurisdiction to decide the vires of a statute and declare the Orissa Medical Education Service (Appointment of Junior Teachers Validation) Act, 1993, as ultra vires the Constitution.

In the second set of cases, the petitioners have prayed for quashing of the common order dated 30.11.1998 passed by the Division Bench of the Orissa Administrative Tribunal (for short, ‘the Tribunal’) in O. A. Nos. 1570 (C) of 1994, 915 (C) of 1997, 4041 (C) of 1996 and 3132 (C) of 1997 and order dated 3.2.1999, of the Cuttack Bench of the Tribunal in O. A. Nos. 1812 (C) of 1999, 273 (C)/97, 274 (C) of 1998, 275 (C) of 1998, 276 (C) 1998, 578 (C) of 1998 and 1956 (C) of 1998 declaring Sec.3 of the Orissa Medical Education Service (Appointment of Junior Teachers Validation) Act, 1993, i.e. Orissa Act, 11 of 1993 (hereinafter referred to as “the Validation Act’) ultra vires the Constitution. The Tribunal as a consequence has quashed the sen¬iority assigned to those applicants who filed the aforesaid original application before it.

2. All the aforesaid matters being analogous were heard together with the consent of counsel for parties and are disposed of by this common order.

3. There is no necessity to examine the point that a single member of the Tribunal has no jurisdiction to decide the vires of a statue as it has become academic inasmuch as the Division Bench of the Tribunal by the impugned order challenged in the second set of writ petitions has declared the Validating Act unconstitutional and inoperative.

4. There is no dispute with regard to the basic facts lead¬ing to the filing of these writ petitions except that the peti¬tioners and their contesting opposite parties belong to different disciplines/specialities and the petitioners are amongst those 49 ad hoc appointees whose appointments as Junior teachers have been validated under the Validating Act.

5. BACKGROUND FACTS :

The echelon of teaching posts in the government medical colleges of the State from the bottom is as follows : (1) Junior Teachers; (2) Assistant Professor; (3) Associate Professor; and (4) Professor. The dispute with which we are concerned relates to the appointment of Junior Teachers and consequent fixation of the seniority.

A set of Rules under the proviso to Article 309 of the Constitution were made on 30.5.1970 to regulate the appointments by promotion to senior teaching posts from the junior teaching posts of the medical colleges of the State. On 3.3.1970 these rules were superseded by the Orissa Medical Health Service (Promo¬tion to Senior Teaching posts in the medical colleges Rules, 1970. On 24.9.1973 another set of Rules called. The Orissa Medi¬cal and Health Services (Recruitment and Promotion to Teaching Posts in the Medical Colleges) Rules, 1973' (hereinafter refer¬red to as ‘1973 Rules’) were framed under the proviso to Article 309 of the Constitution in supersession of 1970 Rules. Sub-rule (1) and Sub-rule (3) of Rule 4 of the 1973 Rules provided that appointment to the posts of junior teachers shall be made through a Sel