THE HON’BLE MS.JUSTICE G.ROHINI WRIT PETITION NO.15462 OF 1999 DT.02.06.2010 Between: Prabodh Girls High School. Represented by its Correspondent, Hyderabad. …………………Petitioner Vs. District Educational Officer, Hyderabad and another ……………………Respondents. O R D E R: This writ petition is filed seeking a declaration that the proceedings issued by the District Educational Officer, Hyderabad, dated 4.11.1998 and 11.02.1999 directing private educational institutions not to make selections to teaching and non-teaching staff in the institutions as arbitrary and illegal. This court while issuing Rule Nisi, by order dated 26.07.1999 directed the respondents to grant permission to fill up the posts of Secondary Grade Teachers in the petitioner institution. The respondents filed a petition to vacate the said order, relying upon G.O.MS.No.76, Education, dated 21.01.1999 imposing ban on the appointments in private managements. Having taken note of the fact that G.O.MS.No.76 was set aside by a Bench of this court, W.V.M.P.No.1226 of 2001 was dismissed by this court by order dated 18.07.2002 thereby making the interim order dated 26.7.1999 absolute. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioner that though similar orders were issued by the Government subsequently imposing ban on the appointments in private educational institutions, a batch of writ petitions were disposed of by this court by common order, dated 29.12.2006 holding that the management of the private schools were free to select candidates and seek approval of such appointments from the competent authority. However, the learned Government Pleader for School Education states that against the order of this court the State has preferred an appeal before the Supreme Court and the same is yet to be heard. Having regard to the interim order dated 26.7.1999 granting permission to the petitioners to make appointments and keeping in view the fact that the issue involved is the subject matter of an appeal pending before the Supreme Court, without expressing any opinion on merits I deem it appropriate to dispose of the writ petition leaving it open to the respondents to take appropriate steps following due process of law with regard to the appointments pursuant to the interim order, in case the appeal pending before the Supreme Court is decided in favour of the State. The writ petition is accordingly disposed of. No costs. ___________ G.ROHINI J., Dt.02.06.2010 tjs