THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE P.DURGA PRASAD W.A.No.1248 of 2003 Date of Order: 01-12-2010 Between: 1. The State of A.P. rep. by its Secretary, School Education, Secretariat, Hyderabad and others. …Appellants And Blur Star Convent High School, Pithapuram, E.G. District at Kakinada. ..Respondent THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE P.DURGA PRASAD W.A.No.1248 of 2003 Oral Judgment: (Per Hon’ble Sri Justice A.Gopal Reddy) This Writ Appeal under Clause 15 of the Letters Patent is directed against the orders of the learned single Judge passed in W.P.No.19151 of 1999, dated 08-10-2002 whereby the learned judge declared sub-rule (6) of Rule 12 of A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 (for short “the Rules”) issued in G.O.Ms.No.1, dated 01-01-1994 as ultra vires as per the provisions of the A.P. Education Act, 1982 (for short “the Act”). Against the judgment passed by this Court dated 03-10-2001 the State carried the matter in appeal in Civil Appeal Nos.6575 and 6576 of 2004 before the Supreme Court. While dismissing the said Civil Appeals and W.P.No.314 of 2003 the Supreme Court held that the writ petition filed under Article 32 of the Constitution has become infructuous and upheld the judgment passed by the Division Bench striking down Rule 12(6) of the Rules granting liberty to the Government, if it wants to provide reservation for SC/ST/OBC afresh, then fresh steps should be taken for amending Act. Subsequently the Government by Act No.40 of 2008 inserted Section 78C and 78D to the Act. In view of subsequent amendment to the Act by Act No.40/2008, no cause survives in the Writ Appeal and it is accordingly dismissed. No costs. _________________ A.GOPAL REDDY, J. ________________ P.DURGAPRASAD,J. 01-12-2010 Murthy