- (1.) 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 consideration 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. Inasmuch as, SLP(C)Nos.469 of 2011 and 15231-32 of 2011 arise out of different orders of the Andhra Pradesh High Court, the same will be dealt with separately, although, they have been taken up for hearing along with the other Special Leave Petitions.
(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.
(3.) 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 common 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. The learned Single Judge, who had heard the writ petitions, had declared that the said ban would not 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 coming into effect of the aforesaid memo. The learned Judge had given a further direction to the said authorities to allow the writ petitioners to complete the process of selection. In some cases, a further prayer was made that the concerned authorities be also restrained from transferring teachers from one school to another by declaring them surplus and to release the amount of salaries payable to the teachers appointed against the aided posts.;