THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.25304 of 1999 ORDER: This writ petition has been instituted by a private educational institution calling in question the directive issued by the 3rd respondent – District Educational Officer, East Godavari District, Kakinada, insisting upon the management to follow the communal roster system in filling up the post of Aided Secondary Grade Teacher in the said school. It will be relevant to notice that a learned single Judge of this court had occasion to deal with the same question in P.Thirumala Devi v. Government of Andhra Pradesh[1] and came to the conclusion that that the rule framed without any statutory backing is ultra vires and hence held that sub- rule (6) of Rule 12 of the Rules promulgated through G.O. Ms. No.1, Education Department, dated 1.1.1994 is ultra vires. The State carried the matter in appeal against the said judgment of the learned single Judge. The Division Bench, whose judgment is reported in 2002 Suppl.(1) ALD 91 (DB) came to the same conclusion and dismissed the appeal preferred by the State. The State has further carried the matter by way of Civil Appeal Nos. 6575-6576 of 2004, before the Supreme Court. The Supreme Court by its judgment dated 14.3.2007 dismissed the appeals as the view taken by the Division Bench was the correct view. However, the Supreme Court has pointed out that should the State Government desire to provide reservation for Scheduled Caste, Scheduled Tribe and Backward classes, then it may take fresh steps for amending the statute in accordance with law. In view of this settled principle, The relief prayed for in the writ petition deserves to be granted and the writ petition deserves to be allowed. However, the learned Government Pleader for School Education has brought to my notice that the State Legislature has since enacted the Andhra Pradesh Education (Amendment) Act, Act No. 40 of 2008, amending the Andhra Pradesh Education Act, 1982, duly inserting Section 78(C) and (D) therein. The Amending Act repealed Ordinance No. 14/2008 issued earlier by the Governor to the very same effect. The Amending Act has since received ascent of the Governor on 18.12.2008 and the said ascent has also been published in the Andhra Pradesh Gazette issue dated 20.12.2008 for general information. As per Section 78C, rule of special representation (reservation in favour of SCs, STs and BCs) shall be applicable for appointments to the posts in private educational institutions. Therefore, by virtue of the newly introduced Section 78-C, the rule of special representation/reservation in favour of Scheduled Castes, Scheduled Tribes and Backward classes in the matter of appointment to various posts in private educational institutions is permissible. Hence, it is open to the writ petitioner to challenge the validity of Section 78-C if it so desires. In view of this subsequent development, due to the intervention of the State Legislature, the cause in this writ petition does not survive for further adjudication and preserving liberty to the writ petitioner to agitate its grievance, if any, with regard to the validity of Section 78-C, the writ petition is dismissed. But, however without costs. -------------------------------- Nooty Ramamohana Rao, J knk 2nd July 2010 [1] 1999(3) ALT 424