1. The learned Advocate General appearing for the petitioner-State states that the respondent has already been given a seat in the postgraduate course for which she had made a request. In that view of the matter, the cause of action on the basis of which the writ petition had been filed before the High Court really does not survive for consideration. But the High Court while dealing with the writ petition has declared Rule 3(8) of the Karnataka Medical Colleges (Selection for Admission of Postgraduate Courses) Rules, 1986, as ultra vires. This has been done on the authority of the judgment of this Court in Pradeep Jain case [Pradeep Jain v. Union of India, AIR 1984 SC 1420 : (1984) 3 SCC 654]. The implementation of the scheme under that decision so far as the postgraduate courses are concerned has been deferred until next year. The learned Advocate General points out that in the event of that rule being declared ultra vires there would be practical difficulty in effectuating the scheme formulated by the State in regard to filling up of 25 per cent vacancies and therefore, we should entertain the special leave petition for considering this aspect of the matter


2. Since the respondent is already satisfied by getting admission as desired by her and by our order we have deferred implementation of Pradeep Jain judgment [Pradeep Jain v. Union of India, AIR 1984 SC 1420 : (1984) 3 SCC 654], in regard to postgraduate courses, till next year, we do not think there is really any necessity to consider the vires of Rule 3(8) of the said rules. We are inclined to agree with the learned Advocate General in this background, that it would be appropriate, without examining the merits of the matter, to vacate the direction of the High Court declaring that Rule 3(8) as ultra vires. We hold accordingly. In case this aspect requires to be examined at some point of time because of the reasons not possible to visualize a

t this moment, it would be open for re-examination of the case on its own merits without reference to the judgment of the High Court now in question. The special leave petition is disposed of accordinglyCourt Master.