IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 17263 of 1999 Between: P.Samuel, S/o. Jesudas, Nandyal Range, R/o. 25-338, Danialpuram, Nandyal,Kurnool District. ..... PETITIONER AND 1 State of A.P. Rep: by it's Secretary, Education , Secretariat, Hyderabad. 2 Director of School Education, Saifabad, Hyderabad. 3 Dist.Educational Officer, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ more in the nature of mandamus declaring Sub Rule (6) of Rule 12 of G.O.Ms.No.1 Education (P.S.2) dt.1.1.94 published in A.P.Gazette R.S.to Part-I (Extr.) dated 3.1.94 as unconstitutional and beyond rule making power of the 1st respondent and set aside the same and issue a consequential direction directing the respondents to permit the petitioner to fill up the 4 unaided posts in adi andhra aided Elementary Schools under his management without following Sub rule (6) of Rule 12 of G.O.Ms.No.1 Education dt.1.1.94. Counsel for the Petitioner:MR.J.JAYANAND Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following : ORDER: The petitioner questions Sub-rule (6) of Rule 12 of G.O.Ms.No.1, Education (P.S.2), dated 01.01.1994, as unconstitutional and beyond the power of the Government. The said amended rule was questioned in W.P.No.9976 of 1996 and this Court allowed the same on 12.04.1999. Against the said judgment, W.A.No.1519 of 1999 was filed and the same was dismissed by the judgment, dated 03.10.2001, which was confirmed by the Hon’ble Supreme Court. Accordingly, the Writ Petition is allowed declaring that Rule 12(6) of the Rules framed in G.O.Ms.No.1, Education (P.S.2), dated 01.01.1994, as ultra vires and unconstitutional. No order as to costs. _______________ V.ESWARAIAH, J Dated: 15.07.2008 sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, State of A.P. Education , Secretariat, Hyderabad. 2 Director of School Education, Saifabad, Hyderabad. 3 Dist.Educational Officer, Kurnool District. 4. The Government Pleader for School Education, High Court Building, Hyderabad. (OUT) 5. 2CD copies Form-NIC-OGS/WP{GSNM}