Judgment

RAY, J:- This is an appeal by special leave from the judgment dated 12 September 1968 of the High Court of Mysore dismissing by a common judgment a group of petitions. The appellant challenged the Mysore Education Department Service Rules dated 9 January 1967 published in the notification No. ED. 91 DGO, 58 on 9 January 1967.

2. The Rules impeached by the appellant are as follows:-

"In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Mysore hereby makes the following rules, namely:-

1. Title: These rules may be called the Mysore Education Department Services (Technical Education Department) (Special Recruitment) Rules, 1967.

2. Provisions relating to regularisation of appointment of Principal, School of Mines, Oorgaum, Kolar Gold Fields.

Notwithstanding any rule made under the proviso to Article 309 of the Constitution of India, or any other rules or Order in force at any time. Dr. T. Thimmiah, B. SC. (Hons.) Ph. D. (Lond.) F. G. S. shall be deemed to have been regularly appointed as Principal School of Mines. Oorgaum, Kolar Gold Fields, with effect from 15-2-1958.

By ord