[1] DBSAW 45/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT D.B. SPECIAL APPEAL(WRIT) NO. 45/2010 IN S.B. CIVIL WRIT PETITION NO. 1298/2008 DR. SMT. MADHU RATESHWAR Vs. STATE OF RAJ. & ORS. Date: 08.02.2010. HON'BLE MR. JUSTICE K.S. RATHORE HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. P.C. Sharma, Advocate for the appellant. **** The present special appeal is directed against the order dated 16.09.2009 passed by the learned Single Judge in S.B. Civil Writ Petition No. 1298/2008, by which the writ petition has been dismissed. Brief facts of the case are that the appellant being eligible for the Pre-PG Entrance Test in the various discipline of Medical Science in the State of Rajasthan, appeared in the entrance test in the category of in-service candidates and cleared the test and secured merit No. 88-I. The State Government issued a notification by which reservation of in-service candidates was increased from 25% to 50% and decreased the minimum qualifying mark for selection in PG Course from 50% to 33% and the same was also approved by the Syndicate of University of Rajasthan. The other students that is open market candidates challenged the above action of the [2] DBSAW 45/2010 respondents by way of filing writ petition before this Court and the same was partly allowed by the learned Single Judge and the reservation which was increased from 25% to 50% was set aside. The aforesaid order of the learned Single Judge was challenged by the State and other open market candidates by way of filing D.B. Special Appeal and the Division Bench while setting aside the order of the learned Single Judge, maintained the reservation made by the Government. The said decision of the Division Bench was challenged before the Hon'ble Supreme Court and the Apex Court dismissed the appeal holding that the reservation made for in- service candidates was just and proper. The appellant was allotted PG seat in ophthalmology discipline in the category of in- service candidates at S.N. Medical College, Jodhpur but the same was not acted upon by the respondents and the appellant left without completing her PG in the above discipline due to inaction of the respondent, therefore, she preferred a writ petition before this Court seeking an appropriate writ, order or direction for admission in PG Course of M.S. (Opthalmology) at S.N. Medical College, Jodhpur in pursuance of the Pre-PG Entrance Examination, 1998 and the said writ petition came to be dismissed by the learned Single Judge vide order impugned dated 16.09.2009 on the ground that after the Pre-PG Entrance Examination, 1998, several Pre-PG Entrance [3] DBSAW 45/2010 Examinations have been held and therefore, the relief as claimed by the petitioner, has been declined by the learned Single Judge. We have heard learned counsel for the appellant and carefully gone through the order impugned dated 16.09.2009 passed by the learned Single Judge. It is not disputed that much water has flown after 1998 and no vacancy is lying vacant in PG Course of M.S. (Opthalmology) pursuant to the Pre-PG Entrance Examination held in the year 1998 and the learned Single Judge has rightly not granted relief to the appellant. At this stage, we are of the view that the present appeal also deserves to be dismissed being devoid of merit as at such belated stage settled position cannot be unsettled and the impugned order dated 16.09.2009 passed by the learned Single Judge requires no interference whatsoever by this Court. Consequently, the special appeal fails being devoid of merit and the same is hereby dismissed. The stay application also stands dismissed. (MAHESH BHAGWATI),J. (K.S. RATHORE),J. /KKC/