Ray, J. - (1.) 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 order and in the name of the Governor of Mysore Sd. S. N. Sreenath Under Secretary to Government Education Department."
(3.) The appellant was posted as 'additional in-charge' of Technical Education, Bangalore. There were other petitions before the Mysore High Court similarly challenging the aforesaid Service Rule. The petitioners in those cases were the Principal of the Polytechnic at Mysore Head of the Mechanical Engineering Section. C. P. C. Polytechnic, Mysore, Principal of the Polytechnic, Hassan and Principal of B. D. T. College of Engineering Davangere.;