Judgment K.S. Rathore, J.-The petitioners have preferred this writ petition seeking writ, order or direction, directing the respondents to fill the unfilled seats of All India PG Examinations from in-service category and non-service category in equal proportion and total unfilled/left over seats should be distributed in equal ratio of 50:50 between in-service category and non-service category. 2. The petitioners belong to in-service category and appeared in written examination conducted for admission to MD/MS Diploma Course in Medical Colleges and declared successful. 3. Learned Counsel for the petitioner referred Clause II (c) of Instructions booklet for examinations -Faculty of Medicine & Pharma. As per Clause II (c), remaining seats shall be called general seats whereas in the Instruction Booklet issued for Pre PG Medical Examination, 2006, only two categories are there in-service category and non-service category and there is no such stipulation of General category and such unfilled seats are left over seats should be distributed in equal ratio of 50:50 between in-service category and non-service category. The respondents are giving admission of these seats to general category candidates. 4. On behalf of the respondents, it is categorically stated that quota of All India Competitive Entrance Examination was 25% which was increased to 50% from the year 2005 onwards. In case, this quota is not filled up completely, the unfilled seats are surrendered to the State quota. According to the provisions of Ordinance 278-E, the unfilled seats of whether All India quota or in-service quota referable to Clause (a) and (b) thereof , shall be filled by the candidates of general category. In the present context, the general category means the candidates of the category other than All India quota and in-service quota. In the face of these provisions, the unfilled/vacant seats were rightly filled in from the non-service general category candidates. 5. It is further submitted that it is a policy matter and the petitioner has no legal right to challenge the same and further more, the petitioner is estopped to challenge the criteria as laid down by the respondents as the petitioners have already appeared in Pre PG Examination, 2006 and declared successful and secured their merit. According to their merit, they are entitled for allotment of seat. 6. According to their merit, they are entitled for allotment of seat. 6. Having heard rival submissions of the respective parties, it appears that after declaration of merit, the petitioners are apprehending that they may not be entitled for getting admission against the quota of in-service category, therefore, after appearing in the examination and securing particular merit, have preferred this writ petition. As held by Hon’ble Supreme Court and this Court in various Judgment s, the petitioner is estopped to challenge the criteria laid as the petitioners knowing fully appeared in the examination. The Instruction Booklet for Pre PG Examination was provided to the petitioners. Thus, the petitioners were well aware of the criteria and the policy taken by the respondents. In any case, at this stage, the petitioners are not legally entitled to challenge the criteria laid down by the respondents. 7. I do not find any merit in the writ petition. The writ petition fails and herewith dismissed.