K.T. SANKARAN,J.
This writ petition is filed by T.K.Choyikutty and T.K. Anil Kumar Babu stating that they are members of Dr. A.K.B Sadbhavana Mission Trust, Koyilandi. The challenge in this writ petition is against Ext.P16 order dated 24.6.2009 (G.O.(MS) No.193/2009/H&FWD) passed by the Government. It is submitted that Dr. A.K.B Sadbhavana Mission Trust filed W.P. (C) No.24187/2009, which was disposed of by a learned Single Judge of this Court as per the judgment dated 17th July 2014. The operative portion of the judgment in W.P.
(C) No.24187/2009 reads as follows:
“On a consideration of the entire materials now placed on record, this Court is of the definite view that the petitioner is entitled to get the relief as prayed for. Therefore, this writ petition is allowed.
It is hereby declared that the petitioner is entitled to evolve its own fair selection process for selecting the students for admission to Nurse-cum-Pharmacist course in Homoeopathy in its institution and to select the candidates for the said course and to fix reasonable and fair fee structure for the same.
Ext.P16 is quashed to the extent it contravenes the right of the petitioner to evolve its own fair selection process to select and admit all the students to the institution and also to fix the fee structure for the next coming Pharmacist course in the Homoeopathy institution. The respondents are directed to delete the clauses, especially, the last sentence of clause-2, clause 4, clause-5 and clause-6 to the extent it provides for the Government to make selection to 50% seats, prescribes the mode and method by the Government in the matter of selection of students and imposes the requirement of approval of the prospectus and the fees by the Government.
The respondents are directed to modify the agreement accordingly and execute the same without any further delay.”
It is submitted that Ext.P16 involved in W.P.(C) No.24187/2009 is the same document marked as Ext.P16 in this writ petition.
2. The learned counsel for the petitioners submitted that inspite of the Trust filing W.P. (C) No.24187/2009, the petitioners filed the present writ petition only on the advice that the individual fundamental rights guaranteed under the Constitution of India to the members forming the Trust should be agitated. It is further submitted that in view of the disposal of W.P. (C) No.24187/2009, it is not necessary to prosecute the present writ petition and that the writ petition may be dismissed as not pressed. The learned counsel further submitted that the petitioners may be permitted to get the writ petition revived in case any of the respondents in W.P.(C) No.24187/2009 files writ appeal against the judgment dated 17th July 2014.
Accordingly, the writ petition is dismissed as not pressed with the aforesaid liberty as prayed for by the petitioners.
K.T. SANKARAN, JUDGE.
acd P.D. RAJAN, JUDGE.