Kirpal, J. - (1.) The Tirumala Tirupati Devasthanams, the appellant herein, started Sri Venkateshwara Balamandir which is an Orphanage for orphans and destitute children for providing free boarding, lodging, clothing and education up to the age of 18 years so as to enable them to acquire good education and get employment. According to the appellants when an inmate/ex-inmate of the Balamandir is qualified and eligible to a post in Devasthanams, he is considered along with other inmates as per the rules of recruitment in vogue. The Executive Officer of the Devasthanams on 23-4-1980 recorded proceedings, inter alia, to the effect that every Balamandir candidate should be given maximum education and when he has completed the same, he should be provided with the employment in Devasthanams as a matter of routine without reference to Employment Exchange. It was further recorded that till they are given jobs in Devasthanams, they will be continued in the Balamandir.
(2.) At the request of the appellant, the Government exempted the inmates/ex-inmates of the Balamandir from the purview of Employment Exchange by order dated 5-6-1982. The ex-inmates are those who are discharged from the Balamandir. Rule 5 of the Rules framed by the Devasthanams deals with discharge from the Balamandir and Rule 6, which deals with personal records and Rule 8 which refers to disqualification from being entitled to any benefit, are as under: "5:Discharge (a) All the inmates who attain the age of 18 years shall be discharged at the end of the academic year in which they complete the age of 18 years. (b) In case the parent/guardian of the inmate requests for premature discharge of the inmate such request will be considered on personal grounds. If the Management considers that such request is genuine and justifies the premature discharge of the inmates, the discharge may be considered. (c) Any inmate who fails or is detained in any class will be discharged forthwith. (d) Indiscipline will not be tolerated. The Manager, Bala Mandir will report cases of indiscipline to the Devasthanams Educational Officer. The Devasthanams Educational Officer will give warning for not more than two occasions during the whole career to the inmate. A third case of indiscipline may result in discharge. Absence from prayer without permission of the Manager will be treated as indiscipline. 6. Personal Records "Dossiers" will have to be maintained for each inmate giving out particulars of admission, medical check-up report, and progress report and cases of discipline etc. In short, should be a personal record of the concerned inmate during his stay in the Bala Mandir. (a) The personal record will be reviewed by the Devasthanams Educational Officer once in a year. (b) The personal records will be taken into consideration while considering the inmates case for giving preference in appointment in TTD. (c) The personal record will be received by the Dev. Educational Officer once in a year. (d) As far as possible the inmates of Bala Mandir will be absorbed in the various institutions of the TTD subject to their being eligible and suitable. 8. Disqualification. If an inmate is ordered to be removed on the ground of punishment or on the ground of admission furnishing false information such inmate shall not be entitled to any benefit as an inmate of the Bala Mandir. An entry shall be made against this name in the admission register and other relevant registers to indicate the disqualification. The above enclosures, therefore, placed before the Management Committee and Board for its approval of the "Norms formulated now in regard to S. V. Bala Mandir, Tirupati".
(3.) The respondents being ex-inmates of the Balamandir, who have filed separate writ petitions in the High Court of Andhra Pradesh, had been discharged from the said Institution though they had not completed their education. In the year 1991, there were 297 vacancies for the post of Attenders, According to the counsel for the appellant, the practice of the appellant was that all the inmates of the Balamandir are considered for appointment if they are qualified without their having to make any application. The qualification required for being appointed as an Attender is that the candidate should have passed class VIII. The ex-inmates were also entitled to be considered for appointment and though they were not required to apply through the Employment Exchange they were required to apply directly. Names were also sponsored by the Employment Exchange and for the 297 vacancies, 2944 candidates were sponsored by the Employment Exchange and 193 candidates were the inmates and ex-inmates of the Balamandir, including the respondents who were considered. As the number of candidates were more than the number of vacancies, selection took place by the authorities by holding written test and interview. It is stated that out of 193 inmates/ex-inmates of the Balamandir, only 145 appeared at the written test and interview and 53 from amongst them were selected for the post of Attenders.;