JUDGEMENT
NARENDRA MOHAN KASLIWAL, J. -
(1.) IN all the above three writ petitions almost identical questions of facts and law are involved as such they are disposed of by one single order.
(2.) THE National Institute of Ayurveda (hereinafter referred to as ('NIA') is an institution of Government of India established on February 7, 1976. The management and the affairs of the NIA are controlled by a governing body consisting of representatives and nominees of the Government of India. The President of the Governing Body is Minister of Health, Government of India. The Vice President is Minister of Ayurveda, Government of Rajasthan and most of the governing body are also government officials. The case of the petitioners thus is that the NIA is 'State' or other authority within the meaning of Article 12 of the Constitution of India.
The case of the petitioners is that the President of the Governing Body of the NIA made the Rules regulating recruitment conditions of services of persons appointed to the service of the NIA called the National Institute of Ayurveda Services Rules, 1982 (hereinafter referred to as the 'Rules' which came into force on August 1, 1982. The Director, NIA Jaipur invited applications to fill vacant posts of Laboratory Technicians by direct recruitment. An advertisement Annexure 1 was issued and the last date of reaching the applications was mentioned as December 20, 1982. The petitioners applied well within time for the post of Laboratory Technicians and were invited for interview before the Selection Committee. The petitioners appeared before the Selection Committee duly constituted under Rule 25(1) of the Rules. The Selection Committee found the petitioners suitable for appointment on post of Laboratory Technicians and a merit list was prepared On the recommendations of the Selection Committee the Director of NIA Jaipur appointed the petitioners on the post of Laboratory Technician on probation for a pertod of two years against the temporary posts in the NIA Jaipur vide order (Annexure 2) dated September 11, 1985 under Rule 36 of the Rule it has been provided that a candidate appointed on probation shall be confirmed at the end of period of his probation, if: (a) he has passed the departmental examination, if any; (b) he has successfully completed the prescribed period of probation and (c) the appointing authority is satisfied that his integrity is unquestionable and that he is otherwise fit for confirmation.
(3.) THE case of the petitioners is that their services were terminated with immediate effect vide Annexure 5 dated January 31, 1986 without assigning any reason. The petitioners in these circumstances have challenged the order of termination as violative of principles of natural justice and also having contravened the principles enshrined under Articles 14 and 16 of the Constitution of India.;
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