JUDGMENT:

S.B. SINHA, J :

1. Leave granted.

2. Whether the State or the Educational Institution is liable to bear the financial burden for payment of wages to the concerned respondents herein is the question involved in this appeal which arises out of a judgment and order dated 25.08.2005 passed by the High Court of Andhra Pradesh in Writ Appeal No. 1321 of 2001.

3. Respondents, seven in number, were appointed as Secondary Grade Teachers in Church of South India, UP Elementary School. Allegedly, the provisions of the rules had not been followed in recruiting the teachers. Indisputably, such rules of recruitment had been laid down by G.O.Ms. No. 1 dated 1.01.1994. The said rules were framed by the State in exercise of its power conferred upon it under Section 99 read with Sections 20, 21, 79, 80 and 83 of the Andhra Pradesh Education Act, 1982 known as the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control Of Schools Under Private Managements) Rules, 1993 (for short "the Rules").

4. The Rules categorized several schools; Upper Primary Schools being one of them. The Rules defines the "Educational Agency" in Rule 2(1)(b) to mean "the Society/ Trust/ Association including Endowment, Board/ Wakf Board and Christian Mission (Church/ Diocese or Congregation) and the like, sponsoring/ managing/ running the schools". "Minority Educational Institution" has been defined in Rule 2(f) of the Rules to mean "any educational agency of which at least 2/3rd members belong to a religious / linguistic minority".

5. Rule 7 of the Rules provides for scrutiny and grant of permission on an application filed therefor by the institution in question. Rule 9 provides for the manner in which recognition can be granted. Rule 10 provides for the conditions for grant of permission and recognition. Rule 12 provides for the appointment of staff. Sub-Rule (3) of Rule 12 mandates that advertisement for recruitment shall be made at least in two newspapers having large circulation. The Employment Exchange is also required to be notified in regard to the vacancies. A Staff Selection Committee constituted for undertaking the recruitment process is to consist of a nominee of the District Educational Officer not below the rank of Deputy Educational Officer. Sub-Rule (8) of Rule 12 provides that all appointments should be subject to the approval of the competent authority.

6. It is stated that the management of the institution, before the recruitment of the respondents, neither obtained any prior permission from the District Educational Officer nor made advertisement in two newspapers nor notified the vacancies to the Employment Exchange. Even no order of approval as regards the said appointments was obtained from the District Education Officer.

The State contends that the selection process had been undergone hurriedly, which created a lot of suspicion.

Respondents, however, contend that they were appointed as Secondary Grade Teachers at different places through due selection process and they had been performing their duties to the utmost satisfaction of the authorities of the concerned schools. Indisputably, their salaries had not been paid. They made representations therefor. Their representations were rejected by the District Education Officer by an order dated 10.12.1999.

7. Respondents thereafter filed writ petitions before the High Court. The State filed a counter affidavit wherein it was inter alia contended that the writ petitioners respondents had been appointed through side door(s) by the then Correspondent Rev. Prasad Rao in collusion with the teachers concerned as also the then Education Officer.

A learned Single Judge of the High Court relying on the principles laid down by this Court in Ashok Kumar Yadav v. State of Haryana [AIR 1987 SC 454] as also on the premise that the said respondents have been working for several years and as furthermore they possessed minimum qualification held that only becau