SATICHIDANANDA MISHRA versus STATE OF ORISSA AND ORS.

Citation: [2004] SUPP. 4 S.C.R. 505 · Decided: 17-09-2004 · Supreme Court of India · Bench: Y.K. SABHARWAL

Judgment (excerpt)

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.. 
SA TICHIDANANDA MISHRA 
v. 
STATE OF ORISSA AND ORS. 
SEPTEMBER 17, 2004 
[Y.K. SABHARWAL AND D.M. DHARMADHIKARI, JJ.] 
Service Law: 
Orissa Medical Education Service (Appointment of Junior Teachers 
Validation) Act, 1993-Section 3(1)-Appointment-Under repealed Rules-
Passing of Validation Act, validating the illegal appointments-Validity of 
the Act held ultra vires and inoperative by Administrative Tribunal and High 
Court-On appeal, held: It is beyond the scope of Legislature to validate such 
illegal appointments as such attempt would violate Articles I 4 and I 6 of the 
Constitution-Constitution of India, I 950-Articles I 4 and I 6-0rissa Medical 
Health Services (Recruitment and Promotion to Teaching Posts in the 
Medical Colleges) Rules, 1973-0rissa Medical Education Service 
(Recruitment) Rules, 1979. 
Practice and Procedure: 
Plea-Raising of-For the first time before Supreme Court-Held: Not 
permissible. 
Words and Phrases: 
"Validation Acts "-Meaning of 
A 
B 
c 
D 
E 
F 
G 
Orissa Medical Health Services (Recruitment and Promotion to 
Teaching Posts in the Medical Colleges) Rules, 1973 were framed 
providing for appointment to the post of Junior Teachers. The 1973 
Rules were repealed by Orissa Medical Education Service (Recruitment) 
Rules, 1979. 
1979 Rules provided that Selection Board was to be 
constituted with members of State Public Service Commission as its 
Chairman. Selection Board as per 1979 Rules was not constituted despite 
Chair1.1an of the Public Service Commission offering himself to be 
Chairman of the Selection Board. After enforcement of 1979 Rules 
applications were invited for appointment to the post of Junior Teachers. 
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505 
,. 
506 
SUPREME COURT REPORTS [2004] SUPP. 4 S.C.R. 
A 
As the posts had remained vacant for long time, it was decided by State 
Government to fill up the posts by ad hoc appointments without 
constituting Selection Board constituted under 1979 Rules. Selection 
Board constituted under the repealed Rules made selections. The 
recommendations of the Selection Board were referred to the Public 
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c 
D 
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Service Commission, who refused to concur with the ad-hoc appointments. 
The Commissioner also sought explanation regarding the circumstances 
under which member of the Commission was not associated in the 
Selection Board to which State Government did not give satisfactory 
answer. Therefore, Orissa Medical Education Service (Appointment of 
Junior Teachers Validation) Act, 1993 was enacted by which all the 
Junior Teachers appointed on ad-hoc basis were deemed to have been 
validly and regularly appointed. Administrative Tribunal declared the 
Validating Act ultra vires and inoperative and the decision was upheld 
by High Court. 
In appeal, this Court issued notice limited to the validity of Section 
3(1) of the Validating Act. Contempt Petition and Special Leave Petitions 
were also filed. 
Respondent-State contended that the appointees could be deemed 
to be regularized in view of their having been in service for so many 
years; that in the present case 1973 Rules were applicable and not 1979 
Rules; and that the illegal appointees could be treated to be regula:·ly 
appointed by the Court. 
Dismissing the appeal and disposing of the Contempt Petition and 
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the Special Leave Petition, the Court 
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HELD: 1. All the appointments were wholly illegal. They were 
not in accordance with Orissa Medical Education Service (Recruitment) 
Rules, 1979. 
The Selection Board was not constituted in terms 
required by the 1979 Rules which stipulates a meinber of State Public 
Service Commission to be the Chairman of the Selection Board. The 
Public Service Commission declined to concur with the illegal 
appointments. [512-D] 
R.N. Nanjundappa v. T. Thimmiah and Anr. [1972) 1 SCC 409, relied 
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on. 
SATICHIDANANDA MISHRA v. STATE 
507 
2. This is an illegality which strikes at the root of the appointment 
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and, therefore, it is beyond the scope of the Legislature to validate such 
illegal appointments as any such attempt would violate Articles 14 and 
16 of the Constitution. The ground that Public Service Commission 
failed to appoint a member as the Chairman of the Selection Board in 
accordance with 1979 Rules and in the light of the urgency to fill up the B 
vacancies, the said vacancies were filled up by the Selection Board 
constituted under Orissa Medical Health Services (Recruitment and 
Promotion to Teaching Posts in the Medical Colleges) Rules, 1973 d

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