IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 20601 of 2008(S) ---------------------------------------------- PETITIONER: ------------------ KERALA MUSLIM JAMA-ATH COUNCIL, REP. BY ITS GENERAL SECRETARY, STATE COMMITTEE, ADV.A.POOKUNJU, S/O. HASSANARUKUNJU, VALIYACHENKILATH HOUSE ARYAD SOUTH VILLAGE, AVALOOKUNNU, AMBALAPUZHA TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM 3. THE DIRECOTR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. ADDL. 4. KERALA VANIKA VAISYA SANGHAM REG.NO.17/1117, VALIYASALA, THAMBANOOR, THIRUVANANTHAPURAM-36, REP.BY ITS GENERAL SECRETARY S.KUTTAPPAN CHETTIAR. (ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 7-8-2008 IN I.A.NO.9475/2008 ) R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R4 BY ADV. SRI.K.MOHAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.20601 of 2008-S ------------------------------------------ Dated, this the 1st day of September, 2008 JUDGMENT H.L.Dattu, C.J. The main prayer in the writ petition is to quash the Government Order issued by the State Government in No.G.O.(MS) 38/2006/H.Edn. dated 27.2.2006. (2) When the matter was posted before us for admission, we had directed the learned Government Advocate to get appropriate instructions from the respondents. (3) Today, when the matter is posted for admission again, the learned Advocate has produced before us the order passed by the State Government in No.24482/B1/2007/H.Edn. dated 30.7.2008. In the said Government Order it is stated that they have decided not to implement the the reservation in Degree and Post Graduate courses and ordered to maintain status quo. (4) The order passed by the State Government is as under: “Even after this, Universities and college authorities raised doubts regarding the determination of castes to be included in the reservation and other details. Moreover Government has not revoked the ban imposed earlier vide letter No.14621/B1/2006/H.Edn. dated W.P.(C)No.20601 of 2008 2 4.8.2006 implementing the Government Orders. In the circumstances Government have decided not to implement the reservation in degree & P.G. courses and ordered to maintain status quo.” (5) Since the State Government has decided not to implement the reservation in Degree and Post Graduate courses pursuant to the Government Order dated 27.2.2006, in our opinion, as of now nothing survives in this writ petition for our consideration and decision. (6) Therefore, we dispose of the writ petition as having become unnecessary, for the present. However, liberty is reserved to the petitioner to approach this Court, if need arises in future. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns