Govt.Of A.P.& Ors vs Sri Sevadas Vidyamandir High School ...

2. For the sake of convenience, we shall refer to the facts in SLP(C)No.9541 of 2007 (Government of Andhra Pradesh & Ors. Vs. Sri Sevadas Vidyamandir High School & Ors.) in deciding the matters.

4. For the sake of convenience, the Division Bench of the Andhra Pradesh noted 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. 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.No.140/B2-1/2005 dated 3rd November, 2005, issued by the Director of School Education, Andhra Pradesh, Hyderabad.

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 6 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.

The Division Bench also quashed the exercise of rationalization undertaken in furtherance of the interim order dated 31st October, 2005, together with the directions contained in the letter dated 3rd November, 2005, issued by the Director of School Education, with liberty to the Competent Authorities to undertake a fresh exercise of rationalization, which might lead to certain teachers being declared surplus and for their absorption.

13. As indicated hereinbefore, we, therefore, see no reason to interfere with the judgment and order of the Division Bench of the Andhra Pradesh High Court impugned in these Special Leave Petitions and the same are accordingly dismissed.

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.

17. As far as SLP(C)No.469 of 2011 is concerned, the same has been filed against the judgment and order dated 9th July, 2007, passed by the Division Bench of the Andhra Pradesh High Court, rejecting the prayer made on behalf of the State and the State authorities to condone the delay of 366 days in filing the writ appeal. Even the filing of the Special Leave Petition was delayed by 107 days.

Since the subject matter of the writ petition was also with regard to the application of the ban order imposed by the Memo dated 20th October, 2004, which we have already considered in SLP(C) Nos.9541 19 and 10945 of 2007 decided in the earlier part of the judgment, we are not inclined to interfere with the order of the Division Bench dismissing the writ appeal on the ground of delay. The SLP(C)No.469 of 2011 is, therefore, dismissed in the light of the decision rendered in the aforesaid Special Leave Petitions and also on the ground of delay.

18. Having regard to the different circumstances in which the Special Leave Petitions have been filed, the parties will bear their own costs therein.