IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 18738 of 2002 BETWEEN: S.K.A.V.S. High School, Rep. by its Correspondent G.L.K. Prasad, S/o. Venkateswarlu, Pusapadu Village, Inkollu Mandal, Prakasam District. ... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Education (PS) Department, Secretariat, Hyderabad. 2 The Commissioner & Director of School Education, Government of Andhra Pradesh, Saifabad, Hyderabad. 3 Regional Joint Director of School Education, Arandalpeta, 12th Line, Guntur, Guntur District. 4 District Educational Officer, Prakasam Bhavan, Ongole, Prakasam District. 5 The District Collector, Ongole, Prakasam 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 order or direction more particularly in the nature of Writ of mandamus a) The respondents have no authority to insist on Application of communal roster under Rule 12(6) of G.O.Ms.No.1 Education (PS-2) Department dt. 1.1.1994 in view of the said provision is being struck down by this Hon'ble Court. b) To declare that the respondents and more particularly Respondent No.2 cannot impose a condition that the selection of candidates for the purpose of filling up the posts of Teaching and non-teaching candidates in the petitioner institution under the supervision of the District Collector, Prakasam, Ongole as such a condition is ultra-virus of Education Act and the rules made their under and pass such other order or orders. Counsel for the Petitioner: MR.P.BALA KRISHNA MURTHY Counsel for the Respondents: GP FOR EDUCATION The Court made the following: ORDER: None appears for the respondents. 2. Learned counsel for the petitioner submits that the subject matter of the writ petition is squarely covered by the judgment of this Court in W.A.No.1519 of 1999 and W.P.No.6045 of 2001 dated 03.10.2001 wherein Rule 12(6) of G.O.Ms.No.1 Education (PS-2) Department dated 01.01.1994 was held to be ultravires and unconstitutional. Having regard to the facts and circumstances of the case and following the aforesaid judgment, the writ petition is accordingly allowed as prayed for. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 19, 2008 DSK