S. Saghir Ahmad, J. - (1.) Special leave granted.
(2.) The controversy in these cases relates to the appointment of the appellants in Civil Appeal No.8164/95 arising out of S.L.P.(C) No.13002 of 1990 as junior teachers in Dr. Abin Chand Homoeopathic Medical College and Hospital, Bhubaneshwar (for short, Rs. College') affiliated to the Utkal University who, since their appointment, are constantly involved in litigation as their appointments were first challenged in two writ petitions namely, OJC Nos. 2217 of 1984 and 19 of 1985 in the Orissa High Court which by its judgment and order dated 30th July, 1985 partially allowed the petitions and quashed their selection on the ground that the Selection Board was not constituted in accordance with the provisions contained in Rule 5(1) of the Orissa Homeopathy Medical Teaching Service (Methods of Recruitment and Conditions of Service) Rules, 1980 and issued directions for fresh selection and thereafter when the petitioners were again selected, their appointment, this time, was challenged before the Orissa Administrative Tribunal which, by its judgment and order dated May 14, 1990, quashed their appointment and ordered that they would continue on ad hocbasis until a final selection was made by the Orissa Public Service Commission. It is against this judgment that the Appeal No.8164/95 arising out of SLP No.13002 of 1990 has been filed.
(3.) Appeal No.8166/95 arising out of SLP (C) No.474 of 1991 has been filed by the State of Orissa against the same judgment of the Tribunal passed on May 14, 1990. Subsequent to the judgment dated May 14, 1990, a review petition was filed before the Tribunal in so far as it related to the following direction:- "Government may send the name of candidates who have opted according to the seniority 3 to 4 times the number of vacancies with their academic qualification in all examinations along with CCR for consideration". The Tribunal by its judgment and order dated August 16, 1990, allowed the Review petition and passed the following direction:- "We, therefore, direct that the Selection Board under Rule 3 make the selection on merit of all eligible candidates on a procedure prescribed by the State Government preferably through a competitive examination and forward 3 to 4 times the names to the Public Service Commission for their final selection. We are sorry that the various amendments made to the 1980 Rules have not been consolidated into one rule causing this error on our part. The error occurred because the three amendments made to the Rules escaped our attention. Since the procedure suggested by us now would be more dilatory than was contemplated earlier according to our direction the process should be completed within a year". This order has been challenged in Appeal No.8165/95 arising out of SLP(C) No.14868 of 1990.;