1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. CIVIL WRIT PETITION NO.1246/2005 (Mula Ram Upadhyay & Ors. Vs. State of Rajasthan & Ors.) Date of Order :: 24.07.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.S.N. Trivedi, for the petitioners. Mr.N.M. Lodha, Addl. Advocate General. Mr.Tarun Joshi, for the respondents. Heard learned counsel for the parties. Learned counsel for the respondents has invited attention of this Court towards judgment of Co-ordinate Bench dated 23rd January, 2008 passed in S.B. Civil Writ Petition No.1564/2005 (Vishal Jain & Ors. Vs. State of Rajasthan & Ors.) in which the learned Single Judge while dismissing the writ petition observed as under:- “It appears from the facts mentioned above itself that the petitioners knowing it well about the allocation of the seats took change of selection and when results were declared and when they found themselves unsuccessful in the result then they approached this Court. The writ petition also has been filed after delay 2 and during this period appointments have already been given which have not been challenged and which cannot be challenged without impleading those selected candidates as party in the writ petition. In view of the above reasons, on preliminary objections alone, the writ petition of the petitioners is dismissed.” Learned counsel for the petitioners submits that at the time of filing present writ petitions, no appointments were made, therefore, their case is distinguishable. I am unable to accept the argument advanced by learned counsel for the petitioners because admittedly petitioners first appeared in the selection process and thereafter when they were declared unsuccessful, then they have chosen to file present writ petitions, therefore, in my opinion, the case of petitioners is not distinguishable from the case of Vishal Jain and others' (supra). Accordingly, this writ petition is also dismissed while following the above mentioned judgment dated 23rd January, 2008 passed in S.B. Civil Writ Petition No.1564/2005 (Vishal Jain & Ors. Vs. State of Rajasthan & Ors.). (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-