ORDER : S.Manikumar, J. On 15.09.2021, we passed the following order:- “Being aggrieved by the judgment in W.P.(C) No.24355 of 2020 dated 28.05.2021, Mr. Anwar Sadath V.M., a third party, has filed I.A. No.1 of 2021 seeking leave of this court to review the abovesaid judgment. So also, one Mr. Muhammed Ashraf K.K., a third party, has filed I.A. No.1 of 2021 for the very same purpose. 2. On this day, when the leave applications came up for hearing, Mr. Raju Joseph, learned Senior Advocate appearing for the writ petitioner/1st respondent herein, submitted that acting on the judgment in W.P.(C) No.24355 of 2020 dated 28.05.2021, State of Kerala has already issued orders implementing the decision of this court. 3. Ms. O.A. Nuriya, learned counsel appearing for Minority Indians Planning and Vigilance Committee Trust respondent No.5, submitted that being aggrieved by the judgment in W.P.(C) No.24355 of 2020 dated 28.05.2021, a Special Leave Petition has been preferred by the abovesaid respondent and that the same is pending. 4. Though Mr. Sanjay Parikh, learned Senior Advocate appearing for Mr. Anwar Sadath V.M., one of the review petitioners, submitted that even though the Government have acted upon the decision in issuing appropriate orders, still, as on date, the right to seek for review is available to a third party and thus leave applications can be taken up for hearing, we are of the view that appropriate decision would be taken after considering the orders of the Government and the details of the Special Leave Petition filed by respondent No.5/additional respondent No.4 in the writ petition. 5. Statements to the above effect be filed by learned counsel for respondents 1 and 5 (writ petitioner and additional respondent No.4 therein).” 2. 1st respondent/writ petitioner has filed affidavits in the review petitions, stating that, implementing the judgment in W.P.(C) No. 24355 of 2020 dated 28.05.2021, sought to be reviewed, Government have issued Ext. R1(a) G.O. (MS) No.135/2021/GAD dated 16.07.2021, deciding to disburse scholarship on the basis of 2011 census, to all the eligible minority communities, including Parsis (Muslim 26.56%, Christian 18.36%, Buddhists 0.01%, Jains 0.01%, I.A.1/21 in Unnumbered R.P. (F.No.20805/21) & Sikhs 0.01% etc.), and recommended to disburse the benefits, on the basis of the population percentage, and without causing any loss to any minority community. 3. 3. For brevity, G.O. (MS) No.135/2021/GAD dated 16.07.2021 is reproduced:- “Government of Kerala Abstract Minorities Welfare Department - Ratio of Minority Students Scholarship Restructured - In compliance with the Directions issued by the Hon'ble Kerala High Court as per Judgment dated 28.05.2021 in WP.(C) No. 24355/2020.- Implementing orders issued. ------------------------------------------------------------------------------- General Administration (Minority Welfare) Department G.O (MS) No.135/2021/GAD Dated Thiruvananthapuram, 16/07/2021 -------------------------------------------------------------------------------------- Reference: 1. G.O (MS) No. 278/2008/GAD dated 16/08/2008 2. G.O (MS) No. 57/2011 GAD dated 22/02/2011 3. G.O (RT) No. 3427/2015 GAD dated 08/05/2015 4. Judgment dated 28/05/2021 in W.P (C) 24355/2020 of the Hon'ble High Court of Kerala. 5. Minutes of the All Party Meeting presided by the Hon'ble Chief Minister on 04/06/2021. 6. G.O (RT) No.2194/2021 GAD dated 14/06/2021 7. Procedure Notes of the Expert Committee Meeting held on 15/06/2021 and 29/06/2021. ORDER The Hon'ble High Court of Kerala as per Ref No(4) have held that the action of the State Government in Sub classifying the minorities by providing merit-cum-means scholarship at 80% to Muslim community and 20% to Latin Catholic Christians and converted Christians cannot be legally sustainable and directed the Government to pass requisite and appropriate Orders providing merit-cum-means scholarship to the members of the notified minority communities within the State equally and in accordance with the latest population census available. Apart from that the Orders referred as 1, 2 and 3 issued by the Government are also set aside. Hence re-arrangement is highly necessary for the disbursement of scholarship in the light of the judgment passed by the Hon'ble High Court. Pursuant to the direction an All Party Meeting was convened on 04.06.2021 as per Ref No.5 presided over by the Chief Minister. In the meeting it was suggested that to take a decision by considering the fact that the Muslim students who are getting the scholarship shall not lose their benefits and hence it was recommended to have a 3 member committee to study and to submit a report. Thereafter an expert committee was constituted as per Ref No.6. The expert committee have convened its meeting on two occasions and studied the matter. The committee after considering the progress of the disbursement of Scholarship for the year 2020-21 has found that except the scholarships under Prof. Thereafter an expert committee was constituted as per Ref No.6. The expert committee have convened its meeting on two occasions and studied the matter. The committee after considering the progress of the disbursement of Scholarship for the year 2020-21 has found that except the scholarships under Prof. Joseph Mundassery scholarship and CH Mohammed Koya scholarship observed that all other scholarships have been disbursed on the basis of the population census available as observed by the Hon'ble High Court. In the above circumstance the committee reached a consensus to implement Prof Joseph Mundassery Scholarship to all minority communities on merit cum-means by 50% and all other scholarships under merit-cum-means at 100%. The committee also reached a conclusion about the necessity of fund in the light of budget allotment for implementing the above decision. Apart from the above recommendations in order to implement the decision dated 28.05.2021 of the Hon'ble High Court in its strict sense scholarship have to be disbursed on the basis of the 2011 census to all minority communities including Parsis (Muslim 26.56%, Christian 18.38%, Buddhists 0.01%, Jains 0.01%, Sikhs 0.01% etc). The committee also recommended to disburse the scholarship on the basis of the population census available and making it sure that no minority community is losing their scholarship. For implementing the above decision it was found that a total amount of Rs.23.5 Crores is necessary. After deducting the amount allotted in the budget, the additional amount needed is 6.2 crores (6 crores 2 lakhs). Government have elaborately considered the matter and it was decided to disburse the scholarship on the basis of 2011 census to all eligible minority communities including Parsis (Muslim 26.56%, Christian 18.38%, Buddhists 0.01%, Jains 0.01%, Sikhs 0.01% etc), and also recommended to disburse the benefit on the basis of the population percentage and without causing any loss to any minority community and further recommended to grant the benefit to all minority communities in case of their application and without causing any reduction in the amount or number. It is also decided to sanction the additional amount of Rs.6.2 Crores (6 Crores 2 Lakhs) in addition to the amount already sanctioned in the budget. The Director, Minority Welfare shall forthwith forward the necessary proposal for getting sanction of the additional amount as stated above to the Government. It is also decided to sanction the additional amount of Rs.6.2 Crores (6 Crores 2 Lakhs) in addition to the amount already sanctioned in the budget. The Director, Minority Welfare shall forthwith forward the necessary proposal for getting sanction of the additional amount as stated above to the Government. The Order dated 28.05.2021 in W P(C) No. 24355/2020 of the Hon'ble High Court is implemented as stated above. As per the Order by the Governor K R Jyothilal IAS Principal Secretary” 4. Along with the affidavits, 1st respondent/writ petitioner has also filed Ext. R1(b), which is a notification issued by the Kerala State Minority Welfare Department, inviting applications from the students of minority communities for scholarships. Perusal of the said notification shows that applications are invited from the students of minority communities, for award of scholarship, and the last date for submission of the application is 20.10.2021. 5. Ext. R1(b) notification issued by the Kerala State Minority Welfare Department is reproduced:- “KERALA STATE MINORITY WELFARE DEPARTMENT NOTIFICATION APPLICATION ARE INVITED FROM STUDENTS OF MINORITY COMMUNITES FOR PROF JOSEPH MUNDESSERY SCHOLARSHIP 2021-22 FROM STUDENTS WHO SECURED FULL A+ IN ALL SUBJECTS IN SSLC/THSLC. PLUS TWO/VHSE The state minority welfare department is inviting applications for Prof. Joseph Mundassery Scholarships from students who have secured full A+ in all subjects from Government/Aided schools in SSLC/THSLC, Plus Two/VHSE from minority communities on the basis of the population census. The scholarship is given to the students of Muslim, Christian, Sikh and Jains who have permanent residence in Kerala and secured A+ in all subjects in SSLC/THSLC, Plus Two/VHSE in the year 2020-21. The amount of scholarship is Rs.10,000/- (Rupees ten thousand). Priority will be given to the members of the BPL. In the absence of BPL applicants, the application of the students of the minority communities who are having annual income up to Rs.8 lakhs will be considered. The selection of the students will be on the based on the annual income of the family. The applicants should have account in a Nationalized Bank in their name. The application can be submitted through online in website viz, www.minoritywelfare.kerala . gov.in. The last date to submit the application is 20.10.2021. For further information can contact in 0471-2300524 I. How to apply: 1. In the website www.minoritywelfare.keral a .gov.in click on the link of Prof Joseph Mundassery Scholarship. 2. Click on the apply online. 3. The application can be submitted through online in website viz, www.minoritywelfare.kerala . gov.in. The last date to submit the application is 20.10.2021. For further information can contact in 0471-2300524 I. How to apply: 1. In the website www.minoritywelfare.keral a .gov.in click on the link of Prof Joseph Mundassery Scholarship. 2. Click on the apply online. 3. If you have already registered for another scholarship, login with that credentials. 4. After applying through online, upload the Photo, signature, SSLC Certificate, Income certificate, Ration card copy by using the UserID and Password. 5. After submitting the application for the scholarship, click on view/print application and print the registration form. 6. The print out of the registration form should be submitted to the head of the institution where the student studied along with the following documents. II. Documents to be produced by the applicants. 1. Print out of the registration of the applicants. 2. Copy of the mark list of SSLC/THSLC, Plus Two/VHSE etc 3. Copy of the first page of the bank pass book in the applicants own name (name, account number, branch code, address of the branch should be included) 4. Copy of the Adhar card or copy of the NPR card. 5. Copy of the nativity certificate 6. Copy of the community certificate or copy of the minority. 7. Income certificate (original) from Village office.\ 8. Copy of the ration card. III. For the attention of the heads of the institution 1. The documents submitted should be checked online by the Head of the institution or the officer in charge of him. 2. Ensure that applicants have A+ in all subjects. 3. Applications that have completed the scrutiny should be approved online by the Head of the Institution. 4. Income certificate (Original) should be included with the application. 5. The Head of the institution should ensure the authenticity of all the documents. 6. The Head of the institution should check and ensure that the documents related to the bank accounts are correct. 7. The Head of the institution should examine and approve the applications within the stipulated date of notification. Failure to do so will result in the head of the institution being held liable. 8. Applications verified and approved by the Government/Aided institutions should be made available for the scrutiny at the request of the Directorate of Minority Welfare. IV Deadlines 1. The Head of the institution should examine and approve the applications within the stipulated date of notification. Failure to do so will result in the head of the institution being held liable. 8. Applications verified and approved by the Government/Aided institutions should be made available for the scrutiny at the request of the Directorate of Minority Welfare. IV Deadlines 1. Last date for students to apply online is 20.10.2021. 2. The last date to submit the registration printout and printout of supporting documents to the Head of the Institution-22.10.2021. 3. Last date to approve the documents after scrutiny and online verification by the Head of the Institution-27.10.2021. Sd/- Director” 6. Inviting our attention to the subsequent events, whereby the Government have agreed to implement the decision of this Court in W.P.(C) No. 24355 of 2020 dated 28.05.2021, Mr. Raju Joseph, learned Senior Counsel for the 1st respondent/writ petitioner, submitted that when the judgment has been acted upon and exhausted, review petition is not maintainable. In support of the said contention, reliance was made on the decision in State of Nagaland and another v. Toulvi Kibami and Another [ (2003) 8 SCC 671 ]. 7. Though reliance was also made on a decision of the Hon'ble Supreme Court in Sahara India Real Estate Corporation Ltd. and Others v. Securities and Exchange Board of India and Another [ (2013) 2 SCC 730 ], on the grounds inter alia that the petitioners in the interlocutory applications filed for leave, have no locus standi to seek for review of the judgment in W.P.(C) No. 24355 of 2020 dated 28.05.2021, we are of the view that there is no need to delve into the said issue, as we propose to decide the leave applications on the basis of the judgment of the Hon'ble Apex Court in Toulvi Kibami's case (cited supra). 8. Mr. Sanjay Parikh, learned Senior Counsel appearing for the petitioner in I.A. No. 1 of 2021 in R.P.F. No. 20805 of 2021, submitted that the decision rendered in Toulvi Kibami's case (cited supra) is on a different footing, where the rules have been amended, and in the case on hand, the facts are different. 9. 8. Mr. Sanjay Parikh, learned Senior Counsel appearing for the petitioner in I.A. No. 1 of 2021 in R.P.F. No. 20805 of 2021, submitted that the decision rendered in Toulvi Kibami's case (cited supra) is on a different footing, where the rules have been amended, and in the case on hand, the facts are different. 9. Though the learned Senior Counsel made submissions on the basis of the doctrine of merger, that even if a SLP is filed and it was dismissed at the admission stage or withdrawn, the decision made in the SLP would not affect the person's right to seek for review of the judgment, against which, the SLP is filed. 10. On the facts and circumstances of this case, we are not inclined to accept the abovesaid submission, for the reason that in the case on hand, directions issued in the judgment dated in W.P.(C) No. 24355 of 2020 dated 28.05.2021, have been implemented by the Government, by issuing the abovesaid Government Order, and consequently, inviting applications from the students for award of scholarship. Thus, the judgment sought to be reviewed by the petitioners, has been acted upon. 11. Mr. C. M. Mohammed Iquabal, learned counsel for the petitioner in I.A. No. 1 of 2020 in R. P. (F). No. 20884 of 2021, contended that inasmuch as grant of merit scholarship is a recurring affair and likely to affect students belonging to other minority communities, leave should be granted. True that award of scholarship is continuous, and for that particular reason, judgment in W.P.(C) No. 24355 of 2020 dated 28.05.2021 cannot be reviewed. 12. In State of Nagaland and Another v. Toulvi Kibami and Another (cited supra), the Hon'ble Apex Court held as under: “2. Having heard learned counsel for the parties, we are of the view that in view of the subsequent events that had taken place consequent upon the judgment of the Division Bench, the review petition filed by respondent No. 1 was not maintainable. In fact the judgment of Letters Patent Bench was acted upon and it stood exhausted and the review petition was futile. Under such circumstances, the review petition ought not to have been entertained and decided on merits. 3. For the aforesaid reasons, we set aside the order and judgment under challenge. The appeals are allowed. In fact the judgment of Letters Patent Bench was acted upon and it stood exhausted and the review petition was futile. Under such circumstances, the review petition ought not to have been entertained and decided on merits. 3. For the aforesaid reasons, we set aside the order and judgment under challenge. The appeals are allowed. However, it will be open to respondent No. 1 to challenge the promotion of respondent No. 2 afresh by a separate petition under Article 226 of the Constitution of India if he is so advised. In case such a petition is filed, it shall be entertained and decided on merits. We leave all questions of law open to be decided in that case.” 13. That apart, in Sh. C. Lawmzuala v. Mizoram University and Anr., reported in (2015) SCC Online Gau 803, a Hon'ble Division Bench of the High Court of Gauhati at Aizawl held as under: “6. In the instant case also, during the pendency of the writ petition, acting upon the impugned order of this court, advertisement for the post in question was issued, in response whereof the petitioner also submitted his application, but he was not called for the interview as he did not qualify for the post. Under the circumstances, the impugned order has been exhausted and the review petition is futile. Therefore, in terms of the decision in Toulvi Kibami (supra), this review petition cannot be entertained and decided on merit. Since the review petition can be rejected on the afore-stated ground, it is not necessary, to deal with the other contentions of the learned senior counsel for the petitioner since a court of law does not decide more than what is necessary.” 14. Following the decision in Toulvi Kibami's case (cited supra), a learned single Judge of this Court in Plakkattu Granites (P) Limited v. State of Kerala [Judgment dated 14.08.2020 in R.P. No.326 of 2019 in W.P.(C) No.25012/2013], held as under: “7...........................Therefore, I am also of the view that, since the directions contained in the common judgment rendered by this Court was acted upon, a review is not maintainable under law. The said issue was considered by the Apex Court in State of Nagaland and Ors. v. Toulvi Kibami and Ors. [ (2003) 8 SCC 671 ] and held that when a judgment is acted upon a review petition cannot be sustained under law. …........” 15. The said issue was considered by the Apex Court in State of Nagaland and Ors. v. Toulvi Kibami and Ors. [ (2003) 8 SCC 671 ] and held that when a judgment is acted upon a review petition cannot be sustained under law. …........” 15. In P. Anil Kumar and Others v. Indian Red Cross Society, Represented by its Secretary General, National Headquarters and Others, reported in 2020 SCC Online Ker 3376, we held as under: “12. ................Yet another reason that would weigh with us is that, already the judgment is acted upon and the committee constituted by the National Headquarters headed by a retired Judge of this Court has proceeded with the enquiry, and the enquiry is complete and the report is awaited. 13. In that view of the matter, since the judgment is acted upon, a review petition at a belated stage is not maintainable under law. The said issue was considered by the Apex Court in the State of Nagaland v. Toulvi Kibami [ (2003) 8 SCC 671 ].” In the light of the above discussion and decisions, I.A. No. 1 of 2021 in R.P.(F). No. 20805 of 2021 and I.A. No.1 of 2021 in R.P.(F). No. 20884 of 2021, filed for granting leave to prefer review petitions, are dismissed. Consequently, the review petitions are rejected.