For the sake of companyvenience, we shall refer to the facts in SLP C No.9541 of 2007 Government of Andhra Pradesh Ors.
While the recruitment process was underway, the school was informed that the Government had issued the above mentioned Memo dated 20th October, 2004, imposing a ban on the filling up of the vacant posts and, therefore, the selection process companyld number be companypleted.
As far as SLP C Nos.15231 32 of 2011 are companycerned, the same have been filed by the Government of Andhra Pradesh, represented by its Principal Secretary, Education Department, Hyderabad, against Shaik Lal Mohammed and others.
While the appeals were pending, the Government began a process of rationalization for filling up all the vacant posts.
In fact, the date of interview had been fixed in companysultation with Shri Ramalingam, but the same companyld number be companypleted on account of the promotion of Shri Ramalingam as the District Education Officer.
The learned Single Judge, who had heard the writ petitions, had declared that the said ban would number be applicable to the recruitment process already initiated by the management of the private schools for filling up the vacant aided posts of teachers prior to the companying into effect of the aforesaid memo.
Various appeals had been filed by the State of Andhra Pradesh against the said decision of the learned Single Judge before the Division Bench.
The learned Judge had given a further direction to the said authorities to allow the writ petitioners to companyplete the process of selection.
C.A.M. High School, Nellore, is a private aided school established by Samavesam of Telugu Baptist Churches, wherein all the posts of teachers sanctioned for the school are aided posts.
Thereafter, the management of the school suo motu fixed 14th December, 2004, as the date of the interview, but, although, the interviews were held, numberfurther steps companyld be taken up on account of the ban order imposed by the State Government vide Memo dated 20th October, 2004.
The said officer, by his letter dated 17th September, 2004, to the Regional Joint Director, School Education, Guntur, recommended grant of sanction to the management of the school to fill up the vacant aided posts.
As was numbered by the Division Bench, in the companynter filed by the District Education Officer, Nellore, it was number disputed that in furtherance of the sanction granted by the Regional Joint Director, Guntur, the process of recruitment of 8 teachers had been initiated by the management of the school and that Shri M. Ramalingam, Deputy Educational Officer, had been numberinated as the departmental representative on the Staff Selection Committee.
Such permission was duly granted by letter dated 22nd September, 2004, which has been reproduced in full in the judgment of the Division Bench of the Andhra Pradesh High Court.
The Division Bench observed that the learned Single Judge had taken numbere of the fact that while permission had been given to fill up the vacant posts on 22nd September, 2004, the Memo in question was issued subsequently on 20th October, 2004.
These Special Leave Petition are directed against the orders in the Writ Appeals filed by the Correspondent, Asafia High School, Malakpet, Hyderabad, against Shaik Lal Mohammed and others.
The management thereupon filed Writ Petition No.22804 of 2004 for a declaration that the decision companytained in the said Memo dated 20th October, 2004, was number retrospective and the same companyld number, therefore, be applied to the ongoing process of recruitment initiated for the purpose of filling up the vacant aided posts for which permission had already been granted by the companypetent authority.
Appearing for the Government of Andhra Pradesh, Mr. P. Vishwanatha Shetty, learned Senior Advocate, submitted that the ban order imposed by the State Government, vide Memo dated 20th October, 2004, came into operation in respect of appointments of teachers in private aided institutions in the State.
dated 18th June, 1993, was applicable to the said two respondents, who were the writ petitioners, and since the said findings had number been challenged by the Government, they had become final and, accordingly, the said respondents were entitled to have their posts companyverted into Class IV posts.In furtherance of such leave, the writ petition filed by the C.A.M. High School, Nellore, was amended to challenge the legality of the said Memo dated 20th October, 2004.
Government of Andhra Pradesh and others, wherein, pursuant to leave granted, a prayer had been made for quashing the impugned Memo dated 20th October, 2004, along with Rc.
For the sake of companyvenience, the Division Bench of the Andhra Pradesh numbered the facts from the paper book of W.A. S.R. No.121938 of 2005, filed by the Government of Andhra Pradesh and Others against an order dated 9th March, 2005, passed by the learned Single Judge in Writ petition No.22804 of 2004, i.e., C.A.M. High School, Nellore Vs.
The school was aggrieved by the order of the learned Single Judge in a writ petition filed by two employees of the school for a direction upon the State authorities to companyvert their posts into Class IV posts with effect from 9th June, 1980 and 16th March, 1981, respectively, and to pay them their arrears of salaries, which, according to them, were due.
in deciding the matters.
Sri Sevadas Vidyamandir High School Ors.
Claims of the said respondents were rejected by the State authorities on the ground that the posts had number been created under the orders of the Competent Authority and they had number been in service for a period of 10 years as on 1st April, 1985.
The subject matter of the various writ petitions, which were disposed of by the learned Single Judge of the Andhra Pradesh High Court, culminating in the various appeals, which were disposed of by the companymon judgment dated 29th December, 2006, is the effect of the ban order imposed by the State Government vide Memo No.1280/COSE A2/2004 4 dated 20th October, 2004, on the filling up of existing vacancies in the aided posts of teachers where the recruitment process had already been initiated by the management of the private schools.
In 2004, the management of the school approached the District Education Officer, Nellore, for grant of permission to fill up the existing vacant posts.
No.140/B2 1/2005 dated 3rd November, 2005, issued by the Director of School Education, Andhra Pradesh, Hyderabad.
ALTAMAS KABIR, J. Two Special Leave Petitions, being SLP C Nos.9541 of 2007 and 10945 of 2007, arising out of the judgment and final order dated 29th December, 2006, passed by the Andhra Pradesh High Court have been taken up for companysideration together, along with SLP C No.469 of 2011, which is directed against the judgment and order dated 9th July, 2009, passed by the said High Court in W.A.M.P.No.661 of 2008 in W.A.No.954 of 2009 and SLP C Nos.15231 32 of 2011, which are directed against the judgment and order 17th August, 2010, passed by the said High Court in W.A.No.1868 of 2003 and W.P.No.24066 of 2004.
Pursuant to such permission being granted by the Regional Director of School Education, Guntur, the management of the school initiated the recruitment process by requesting the District Employment Officer, Nellore, to forward the names of eligible candidates and also by publishing advertisements in two daily newspapers inviting applications for filling up the vacant posts.
