V. V. S. RAO, J. ( 1 ) LUTHERAN High School, jampeta in Rajahmundry, the petitioner herein sought permission to fill up three aided posts of Record Assistant by making an application on 28. 10. 1997. The District Educational officer, Kakinada, the first respondent herein by proceedings dated 29. 11. 1997 accorded permission to the petitioner. However by another proceedings, dated 10. 12. 1997, the first respondent directed the management of the petitioner not to fill up the posts of record Assistant until further orders. Later the petitioner was informed by proceedings dated 12. 5. 1999 that it has to obtain necessary clearance from the Department of Finance and Planning, Government of a. P. The petitioner, therefore, filed a writ petition being W. P. No. 17018 of 1999 questioning the proceedings of the first respondent dated 12. 5. 1999. This Court disposed of the writ petition directing the first respondent to accord permission to fill up three vacancies to the post of record Assistant left unfilled in the petitioner-school within two weeks from the date of receipt of a copy of the said order. The first respondent having considered the application of the petitioner dated 6. 9. 1999 passed impugned order informing the petitioner that there is no provision for direct recruitment to the post of Record assistant and therefore, the application of the petitioner is rejected. Assailing the same, the present Writ Petition is filed. ( 2 ) A counter-affidavit is filed stating that the matter, whether an aided school can fill up the posts of Record Assistant by direct recruitment, was referred to the government. The Government vide memo, dated 1. 3. 1999, permitted St. Anns Girls High school and St. Joseph Girls High School to fill up the posts of Record Assistant observing that the State and Subordinate service Rules are not applicable to private aided educational institutions and that such institutions are covered by the andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private managements) Rules, 1993 ( the Rules for brevity ). Subsequently, the Director also clarified the same and therefore, the petitioner was informed to submit proposals as per the instructions. Subsequently, the Director also clarified the same and therefore, the petitioner was informed to submit proposals as per the instructions. ( 3 ) SRI K. G. Krishna Murthy, learned counsel for the petitioner contends that the conditions of service and other aspects are governed by the Rules and the State and Subordinate Service Rules have no application to the private aided educational institutions. He also placed strong reliance on the Memo No. 3838/p3-1/99-2 Education, dated 1. 3. 1999, wherein, Government clarified that the State and Subordinate Service Rules have no application to the private educational institutions. ( 4 ) BE that as it is, having regard to the said memo, learned Assistant government Pleader was directed to apprise this Court regarding the latest policy of the Government in this regard. Learned Assistant Government Pleader has now produced Memo No. 13405/ps-2/ 2004-2, dated 10. 9. 2004, which reads as under. The attention of the Government Pleader for school Education, A. P. High Court, hyderabad is invited to the reference cited and he is informed that (i) The A. P. General Subordinate Service rules are not applicable to Private and aided Schools. (ii) Since the A. P. General Subordinate service Rules are not applicable to Private and Aided Schools, the Management can go for direct recruitment as laid down in Memo No. 3858/ps-1/99-2, dated 13. 1999. (iii) There is no shift in the policy of the government (iv) The recruitment in Private and Aided schools including compassionate appointment is governed by provisions in G. O. Ms. No. 1, dated 1. 1. 1994. ( 5 ) IN view of the above memo, it must be held that the impugned order of the first respondent is unsustainable and accordingly set aside. The writ petition is allowed directing the first respondent to accord permission to the petitioner to fill up the vacant posts of Record Assistant within a period of one week from the date of receipt of a copy of this order. There shall be no order as to costs.