1. The Constitution of India was amended by the Seventy-seventh Amendment Act, 1995, the Eighty-fifth Amendment Act, 2001 and the Eighty-first Amendment Act, 2000. By these Acts, Articles 16(4), 16(4-A) and 16(4-B) were amended. Thus the Seventy-seventh Amendment Act, 1995 and the Eighty-Fifth Amendment Act, 2001 came into effect w.e.f. 17-6-1995 and the Eighty-first Amendment Act, 2000 came into effect on 9-6-2000.

2. Subsequent to these amendments of the Constitution various State Governments issued orders/notifications to implement the provisions of the Constitution. These notifications/orders were challenged in various writ petitions and special leave petitions before this Court. In these proceedings the constitutional amendments were also challenged. By the decision of the Constitution Bench of this Court in M. Nagaraj v. Union of India (2006) 8 SCC 212 [LQ/SC/2006/956] : (2007) 1 SCC (L&S) 1013, the constitutional validity of Articles 16(4), 16(4-A) and 16(4-B) was upheld. In the judgment it was directed that various individual writ petitions would be considered by the appropriate Bench in accordance with the law laid down in this decision.

3. As various State orders and notifications have been challenged in these writ petitions, we feel that it would be better if these writ petitions be considered by the respective High Courts. The validity of the same be decided in view of the final decision of the Constitution Bench of this Court in M. Nagaraj v. Union of India (supra).

4. Therefore, we permit the petitioners in these writ petitions to withdraw these writ petitions with liberty to move the High Court and in the event if writ petitions are filed before the High Court the same may be considered by the High Court in the light of the observations made by this Court in M. Nagaraj v. Union of India (supra). The petitioners would be at liberty to seek appropriate interim relief in the High Court.

5. The writ petitions as well as contempt petitions are disposed of accordingly.

W.P.(C).No.234 of 2002 with Contempt Petition (C).No.234 of 2007 in WP (C) No.234 of 2002

6. The learned counsel for the petitioner seeks leave to withdraw this petition with liberty to approach the High Court. The writ petition is dismissed as withdrawn. In view of the dismissal of the writ petition, contempt petition is also dismissed.

W.P.(C).No.340 of 2002

7. The learned counsel for the petitioner seeks leave to withdraw this petition with liberty to approach the High Court. The writ petition is dismissed as withdrawn.