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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 8039 of 2003

PETITIONER:

Satchidananda Mishra

RESPONDENT:

State of Orissa & Ors.

DATE OF JUDGMENT: 17/09/2004

BENCH:

Y.K. Sabharwal & D.M. Dharmadhikari

JUDGMENT:

J U D G M E N T

[With CA Nos.8058, 8059, 8061-8062, 8063, 8064, 8065, 8066, of 2003,

Contempt Petition (C) No.419 of 2002, CA Nos.8060 of 2003, 3015-16 of

2004 and SLP (C) Nos.13861-862 of 2004]

Y.K. Sabharwal, J.

The present appeal by special leave is directed against the judgment dated

6th August, 2001 passed by the Orissa High Court declining to set aside order of

Orissa Administrative Tribunal whereby Orissa Medical Education Service

(Appointment of Junior Teachers Validation) Act, 1993 (for short, ’the Validating

Act’) has been declared as ultra vires the Constitution of India. The factual

background which gives rise to the present controversy is narrated as follows.

On 24th September, 1973, the Orissa Medical Health Services (Recruitment

and Promotion to Teaching Posts in the Medical Colleges) Rules, 1973

(hereinafter referred to as the ’1973 Rules’) were framed under proviso to Article

309 of the Constitution. These Rul