Writ Petition No. 886 of 2024 · Bombaybench High Court
Case Details
2025:BHC-AUG:10793-DB *1* WP SELECT PROCESSIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO.886 OF 20241.Dr. Dagadu Sakharam Talule,Age: 42 years, Occu: Service., R/o. Plot No. 19, Suyog Park, Adarshnagar, Nagar-Kalyan Road, Ahmednagar.2.Avinash Vijaykumar Karande. Age: 34 years, Occu: Service., R/o. Dehare, Tq. and Dist: Ahmednagar.3.Dr. Anand Arun Surse.Age: 36 years, Occu: R/o. Anand Niwas, Behind Karandikar Hospital, Wagh Mala, Ahmednagar.4.Ganesh Gorakshnath Wakchaure.Age: 30 years, Occu: Service,R/o. Burhannagar, Tq. and Dist: Ahmednagar.5.Atul Vijay Adsure.Age: 38 years, Occu: R/o. Vilad, Tq. and Dist: Ahmednagar.6.Sachin Vijay Kale.Age: -- years, Occu:R/o. Bramhangaon Bhand, Tq. Rahuri, Dist: Ahmednagar.7.Kishor Ashok Kshirsagar.Age: 37 years, Occu: Service,R/o. Shreyash Park, Madhavbagh, Bhingar, Tq. and Dist: Ahmednagar.8.Parshuram Vasant Kale. *2* WP SELECT PROCESSAge: 30 years, Occu: service R/o. Plot No. 87, Swagat Colony, Datta Chowk, Bhushannagar, Kedgaon, Ahmednagar.….PETITIONERSVERSUS1.The State of Maharashtra Through its Principal Secretary,Higher and Technical Education Department Mantralaya, Mumbai.2.Director of Higher Education, Maharashtra State, Pune.3.The Joint Director of Higher Education, Pune Region, Pune.4.Savitribai Phule Pune University, Ganeshkhind, Pune 411 007. Through its Registrar.5.Ahmednagar Zilla Maratha Vidya Prasarak Samaj, Ahmednagar, Laltaki Road, Ahmednagar. Through its President/ Secretary. ….RESPONDENTS ….AND WRIT PETITION NO.864 OF 2024Dipak S/o Shivaji Shelar, Age-39 Yrs, Occu- Nil, R/o. Tambhere, Tal. Rahuri Dist, Ahmednagar.….PETITIONERVERSUS *3* WP SELECT PROCESS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar, Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSAND WRIT PETITION NO.853 OF 2024Aparna D/o Damodhar Wagh, Age-37 Yrs, Occu- Nil, R/o. Vidya Nagar, Near Vitthal Temple, Shevgaon Tal. Shevgaon, Dist. Ahmednagar….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department *4* WP SELECT PROCESSMantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.856 OF 2024Mudassar S/o Akthar Shaikh, Age-34 Yrs, Occu- Nil, R/o. 19-Vidya Sagar Colony, Behind Market Yard, Sarasnagar, Ahmednagar Tal. & Dist, Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai. *5* WP SELECT PROCESS2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.885 OF 2024Navnath S/o Bhausaheb Chede, Age- 33 Yrs, Occu- Service, R/o. At Post Punewadi, Tal. Parner Dist, Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune. *6* WP SELECT PROCESS3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.Ganeshkhind, Pune-4110075. The Registrar Savitribai Phule Pune University, Pune.Ganeshkhind, Pune-4110076.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.8370 OF 2024Yogesh S/o Gulabrao Kadam, Age- 37 Yrs, Occu- Service, R/o At Post Bhatodi Pargaon, Tal. & Dist, Ahmednagar.….PETITIONERSVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune. *7* WP SELECT PROCESS3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.8371 OF 2024Vaibhav S/o Wamanrao Godse, Age- 40 Yrs, Occu- Nil, R/o Flat No.207, Vasant Vihar Apartment, Bagade Mala, Balikashram Road, Ahmednagar Tal. & Dist, Ahmednagar.….PETITIONERSVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune. *8* WP SELECT PROCESS4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.8372 OF 2024Archana D/o Murlidhar Rohokale, Age- 48 Yrs, Occu- Nil, R/o. 11/1, Aai Benglow, Behind Jadhav Lawn, Shivaji Nagar, Kalyan Road, Ahmednagar, Tal. Dist, Ahmednagar.….PETITIONERSVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune. *9* WP SELECT PROCESS5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.8379 OF 2024Archana D/o Kantilal Adhav, Age- 40 Yrs, Occu- Nil, R/o. Arunoday Banglow, Vaibhav Housing Society, Behind Renavikar High School, Savedi, Ahmednagar Tal. Dist, Ahmednagar.….PETITIONERSVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune. *10* WP SELECT PROCESS5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.8380 OF 2024Kavita D/o Baban Mane, Age- 33 Yrs, Occu- Nil, R/o. At Post Baburdi Ghumat, Tal. Dist, Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune. *11* WP SELECT PROCESS6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.8373 OF 2024Nilima D/o Laxman Vikhe, Age-40 Yrs, Occu- Nil, R/o 6106, Wable building, Bhakre Lane, Sarjepura, Ahmednagar Pin-414001, Tal. Dist, Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. *12* WP SELECT PROCESS7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.8375 OF 2024Babasaheb S/o Kundlik Thorve, Age- 35 Yrs, Occu- Nil, R/o Plot No. 336, Maratha Nagar, Nepti Road, Kedgaon, Ahmednagar Tal. And Dist: Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, *13* WP SELECT PROCESSAhmednagar. ….RESPONDENTSANDWRIT PETITION NO.8374 OF 2024Aparna D/o Arun Kulkarni, Age- 49 Yrs, Occu- Service, R/o A-1, Amrutwale Building, Savedi Road, Ahmednagar Tal. And Dist: Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTS *14* WP SELECT PROCESSANDWRIT PETITION NO.15379 OF 2023Sanjay S/o Sukhdev Aher, Age- 37 Yrs, Occu- Nil, R/o. At Kanher Post Pokhari, Tal. Parner Dist, Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.15274 OF 2023Gangaram S/o Ganpat Langhi, *15* WP SELECT PROCESSAge-31 Yrs, Occu- Nil, R/o. At Post-Ratanwadi, Tq. Akole, Dist, Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.15246 OF 2023Suraj S/o Prabhakar Gaikwad, Age- 35 Yrs, Occu- Nil, R/o. Ashvi Khurd, Tal. Sangamner Dist, Ahmednagar.….PETITIONER *16* WP SELECT PROCESSVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.15230 OF 2023Nishikant S/o Subhash Palaskar, Age-36 Yrs, Occu- Nil, R/o. Adarsh Nagar, Near Sai Sharadha Building, Supa, Tal. Parner Dist, Ahmednagar.….PETITIONER *17* WP SELECT PROCESSVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.15245 OF 2023Govind Shivajirao Deshmukh,Age : 39 years, Occu. Nil,R/o At Kadmoli, Post. Mohnal,Tal. Chakur, Dist. Latur.….PETITIONERVERSUS1.The State of Maharashtra *18* WP SELECT PROCESSThrough Secretary Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.15232 OF 2023Vishal S/o Gulabrao Salve, Age-37 Yrs, Occu- Nil, R/o. At Post Hanga, Tal. Parner Dist, Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai. *19* WP SELECT PROCESS2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, Pune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTSANDWRIT PETITION NO.15262 OF 2023Balasaheb S/o Bajirao Pawar, Age- 49 Yrs, Occu- Service, R/o. 13 Apurva Complex, Jamkhed Road, Darewadi, Ahmednagar.….PETITIONERVERSUS1.The State of Maharashtra Through Secretary, Higher and Technical Education Department Mantrayala, Mumbai.2.The Director of Higher Education, Pune.3. The Joint Director of Higher Education, *20* WP SELECT PROCESSPune.4.The Vice Chancellor, Savitribai Phule Pune University, Pune.5. The Registrar Savitribai Phule Pune University, Pune.6.The President, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar.7.The Secretary, Ahmednagar Jilla Maratha Vidya Prasarak Samaj, Lal Taki Road, Ahmednagar. ….RESPONDENTS….ANDWRIT PETITION NO.14822 OF 2023Dr Vishal Vitthal Gaikwad Age. 42 yrs, Occu. Service as Asst Professor on CHB basis, R/o Venture City, Flat No.107, Alandi Moshi road, Dudulgaon, Tq. Haveli, Dist. Pune.….PETITIONERVERSUS1.The State of Maharashtra, Department of Higher and Technical Education, Mantralaya Mumbai.[Through: The Secretary]2.The Director of Higher Education, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, *21* WP SELECT PROCESSPune 4110163.The Joint Director, Higher Education - Pune region, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, Pune 4110164.Savitribai Phule Pune University, [Through: The Registrar ] Ganesh khind, Pune-411007.5.Ahmednagar Zilha Maratha Vidya Prasarak Samaj Ahmednagar, Tq. Dist. Ahmednagar, [Through: The Secretary],Lal Taki, Opp. Police Headquarters. Nalegaon, Ahmednagar- 414001 ….RESPONDENTSANDWRIT PETITION NO.14798 OF 2023Ashish Dnyaneshwar Waghmare, Age. 32 yrs, Occu. Nil, R/o Flat No. 101, 60/1, Balaji Sasneh building, Siddhivinayak society, Jambhulwadi road, Ambedgaon Kd, Pune 411 046….PETITIONERVERSUS1.The State of Maharashtra, Department of Higher and Technical Education, Mantralaya Mumbai.[Through: The Secretary] *22* WP SELECT PROCESS2.The Director of Higher Education, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, Pune 4110163.The Joint Director, Higher Education - Pune region, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, Pune 4110164.Savitribai Phule Pune University, [Through: The Registrar ] Ganesh khind, Pune-411001.5.Ahmednagar Zilha Maratha Vidya Prasarak Samaj Ahmednagar, Tq. Dist. Ahmednagar, [Through: The Secretary],Lal Taki, Opp. Police Headquarters. Nalegaon, Ahmednagar- 414001 ….RESPONDENTSANDWRIT PETITION NO.14796 OF 2023Dr Vitthal Vaman Bhosale, Age. 32 yrs, Occu. Service as Asst Professor on CHB basis, R/o A/p Vajrachounde, Tq. Tasgaon, Dist. Sangli, Pin 416 408….PETITIONERVERSUS1.The State of Maharashtra, Department of Higher and Technical Education, Mantralaya Mumbai.[Through: The Secretary] *23* WP SELECT PROCESS2.The Director of Higher Education, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, Pune 4110163.The Joint Director, Higher Education - Pune region, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, Pune 4110164.Savitribai Phule Pune University, [Through: The Registrar ] Ganesh khind, Pune-411001.5.Ahmednagar Zilha Maratha Vidya Prasarak Samaj Ahmednagar, Tq. Dist. Ahmednagar, [Through: The Secretary],Lal Taki, Opp. Police Headquarters. Nalegaon, Ahmednagar- 414001 ….RESPONDENTSANDWRIT PETITION NO.14833 OF 2023Pranil Sharad Jagdale, Age. 31 yrs, Occu. Service as Asst Professor on CHB basis, R/o Savitri Sadan, Champanagri, Canal road, Jail road, Nasik road, Nashik - 422 101….PETITIONERVERSUS1.The State of Maharashtra, Department of Higher and *24* WP SELECT PROCESSTechnical Education, Mantralaya Mumbai.[Through: The Secretary]2.The Director of Higher Education, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, Pune 4110163.The Joint Director, Higher Education - Pune region, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, Pune 4110164.Savitribai Phule Pune University, [Through: The Registrar ] Ganesh khind, Pune-411001.5.Ahmednagar Zilha Maratha Vidya Prasarak Samaj Ahmednagar, Tq. Dist. Ahmednagar, [Through: The Secretary],Lal Taki, Opp. Police Headquarters. Nalegaon, Ahmednagar- 414001 ….RESPONDENTSANDWRIT PETITION NO.14788 OF 2023WITHCIVIL APPLICATION NO.1022 OF 2024Gurunath Chandrakant Kashivale, Age. 37 yrs, Occu. Service as Asst Professor [temporary], R/o At Kashivale pada, Lenad Bk. Post Gokulgaon, Tq. Shahpur, Dist. Thane - 421 601 ….PETITIONER
Legal Reasoning
*61* WP SELECT PROCESSaffidavit dated 30.07.2024 in Writ Petition No.886/2024, aboutendorsing the decision of the Management to cancel the selectionprocess. 34.6 Thus, in view of the blatant illegalities in theselection process the entire selection process is vitiated. Further,in view of the cancellation of the selection process by theManagement no rights are created in favour of any of thecandidates. 35. The propositions of law emerging from thejudgments relied upon by the respective parties are not at alldisputed. The position of law is settled that mere selection doesnot confer any vested right in favour of the candidates to claimappointment. Further, the position of law is also fairly settledthat a selected candidate does have a limited right of beingaccorded a fair and non discriminatory treatment. Further, theselected candidates although do not have indefeasible right to beappointed, but have a fair expectation of due consideration forissuance of appointment order. However, the controversyinvolved in the instant matters mainly revolves upon the factualaspects related to the gross irregularities and illegalities stated *62* WP SELECT PROCESSabove. In view of our pertinent inferences about the selectionprocess being vitiated, the entitlement of the petitioners forclaiming writ of mandamus has to be considered in properperspective.36.Our view is fortified by the latest pronouncement ofthe Hon’ble Supreme Court in the matter of State of WestBengal vs. Baishakhi Bhattacharyya (Chatterjee) and others,Civil Appeal No.4800/2025 (arising out of Special Leave Petition(Civil) No.9586/2024) decided on 03.04.2025. It is worth whileto note that the Supreme Court was dealing with the controversywith respect to selection process conducted by the West BengalCentral School Service Commission for recruitment of nonteaching staff in groups C and D and Assistant Teachers forclasses IX to XII. The appellants before the Supreme Courtincluded candidates who were selected and appointed for over aperiod of five years prior thereto. The candidates includedselectees with purported evidence and material indicating wrongdoings and other selectees who claimed that they were validlyselected and were not involved in any wrong doings. This was anappeal challenging the judgment of the Calcutta High Court *63* WP SELECT PROCESSdated 22.04.2024 en bloc setting aside the 2016 selectionprocess. While deciding similar nature of controversy asinvolved in the instant petitions, the Supreme Court has upheldthe judgment of the Calcutta High Court cancelling en bloc /entire selection process. The relevant paragraph mentioning theprinciples emerged, on consideration of all the landmarkjudgments, is reproduced below:“19.The following principles emergefrom the aforesaid discussion:When an in-depth factual inquiryreveals systemic irregularities, such as malaiseor fraud, that undermine the integrity of theentire selection process, the result should becancelled in its entirety. However, if and whenpossible, segregation of tainted and untaintedcandidates should be done in consonance withfairness and equity. The decision to cancel theselection en masse must be based on thesatisfaction derived from sufficient materialcollected through a fair and thoroughinvestigation. It is not necessary for thematerial collected to conclusively provemalpractice beyond a reasonable doubt. Thestandard of evidence should be reasonablecertainty of systemic malaise. The probabilitytest is applicable.Despite the inconvenience causedto untainted candidates, when broad and deepmanipulation in the selection process is proved,due weightage has to be given to maintaining *64* WP SELECT PROCESSthe purity of the selection process.Individual notice and hearing maynot be necessary in all cases for praticalreasons when the facts establish that the entireselection process is vitiated with illegalities ata large scale.”37. Thus, considering the above mentioned factual andlegal aspects, we find that the entire recruitment process wasmarred by gross illegalities and violation of procedural fairness.In the wake of gross irregularities and illegalities of suchmagnitude, it is impossible to segregate the tainted selectionsfrom the untainted selections and thus the entire selection processgets vitiated. We find that there is substance in the submissionsof the unselected candidates, however, in view of the decision ofthe Management to cancel the selection process, no effectiverelief is required to be granted in Writ Petition No.886/2024. 38. On the other hand, in the light of cancellation of theentire recruitment process, the claims of the selected candidatesfor issuance of appointment orders become absolutely untenable.It is settled position of law that mere inclusion of name in selectlist does not confer any vested right to the candidates for gettingappointed. Pertinently, by resolution dated 04-08-2023, the *65* WP SELECT PROCESSmanagement which is the appointing authority has itselfcancelled the recruitment process terming it to be grossly illegaland, therefore, the selected candidates cannot assert any right forappointment orders. True it is, the management has to be blamedfor the distressful plight of the candidates who were selected,however, no writ can be issued directing the Management toissue appointment orders. We are of the considered view that thecandidates claiming to be selected seeking appointments i.e. thepetitioners in Writ Petition no.15245 2023 with connectedmatters and Writ Petition no.14788/2023 with connected matters,are not entitled for any reliefs.39. In the instant matter the entire conduct of theManagement in holding the recruitment process, indulging invarious kinds of irregularities and illegalities and ultimatelycancelling the selection process on its own, needs to be dealtwith stern hands. In view of the above mentioned inferences andconclusions drawn by us, we are of the firm view that theconduct of the Management has been riddled with lot ofaberrations. The entire conduct of the Management is absolutelyshorn of bonafides. We are of the firm view that the Management
Arguments
*25* WP SELECT PROCESSVERSUS1.The State of Maharashtra, Department of Higher and Technical Education, Mantralaya Mumbai.[Through: The Secretary]2.The Director of Higher Education, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, Pune 4110163.The Joint Director, Higher Education - Pune region, Directorate of Higher Education, 412, E, Bahirat Patil Chowk, Model Colony, Shivaji Nagar, Pune 4110164.Savitribai Phule Pune University, [Through: The Registrar ] Ganesh khind, Pune-411001.5.Ahmednagar Zilha Maratha Vidya Prasarak Samaj Ahmednagar, Tq. Dist. Ahmednagar, [Through: The Secretary],Lal Taki, Opp. Police Headquarters. Nalegaon, Ahmednagar- 414001 ….RESPONDENTS ...Appearances of the learned advocates:(1) WRIT PETITION NO. 886/2024Shri R.N.Dhorde senior Adv a/w Shri P.S. Dighe, Adv i/byShri Saurabh P. Nimbalkar, Adv for Petitioners.Shri A.B.Girase, G.P. for R/1 to 3. in all W.P.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 *26* WP SELECT PROCESSShri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/5WITH2) WRIT PETITION NO. 864/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.WITH3) WRIT PETITION NO. 853/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.WITH4) WRIT PETITION NO. 856/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.WITH5) WRIT PETITION NO. 885/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.WITH6) WRIT PETITION NO. 8370/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri S.S.Thombre, Adv for R/6.WITH7) WRIT PETITION NO. 8371/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri S.S.Thombre, Adv for R/6.WITH *27* WP SELECT PROCESS8) WRIT PETITION NO. 8372/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri S.S.Thombre, Adv for R/6.WITH9) WRIT PETITION NO. 8379/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri S.S.Thombre, Adv for R/6.WITH10) WRIT PETITION NO. 8380/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri S.S.Thombre, Adv for R/6.WITH11) WRIT PETITION NO. 8373/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri S.S.Thombre, Adv for R/6.WITH12) WRIT PETITION NO. 8375/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 Shri S.S.Thombre, Adv for R/6.WITH13) WRIT PETITION NO. 8374/2024Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri S.S.Thombre, Adv for R/6.WITH14) WRIT PETITION NO.14822/2023Shri Chaitanya V. Dharurkar, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4.Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/5 *28* WP SELECT PROCESSWITH15) WRIT PETITION NO. 14798/2023Shri Chaitanya V. Dharurkar, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/5WITH16) WRIT PETITION NO. 14796/2023Shri Chaitanya V. Dharurkar, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/5WITH17) WRIT PETITION NO. 14833/2023Shri Chaitanya V. Dharurkar, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/5WITH18) WRIT PETITION NO. 14788/2023 withC.A.NO.1022/2024Shri Chaitanya V. Dharurkar, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/5WITH19) WRIT PETITION NO. 15379/2023Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.WITH20) WRIT PETITION NO. 15274/2023Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.WITH21) WRIT PETITION NO. 15246/2023Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7 *29* WP SELECT PROCESSShri S.S.Thombre, Adv for R/6.WITH22) WRIT PETITION NO. 15230/2023Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.WITH23) WRIT PETITION NO. 15245/2023Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.WITH24) WRIT PETITION NO. 15232/2023Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.WITH25) WRIT PETITION NO. 15262/2023Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S. Bhosale, Adv for Petitioner.Shri V.P. Golewar, Adv, h/for Shri A.R. Joshi, Adv for R/4 and 5Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7Shri S.S.Thombre, Adv for R/6.…Shri A.B. Girase, Government Pleader, for the Respondents/State Authorities in all these petitions.… CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.Reserved on : 06th January, 2025Pronounced on : 09th April, 2025 *30* WP SELECT PROCESSJUDGMENT ( Per Prafulla S. Khubalkar, J. ) :- 1.Heard. Rule. Rule made returnable forthwith andheard finally by the consent of the parties.2. Heard learned senior advocate Shri R.N. Dhorde i/badvocate Shri Pravin S. Dighe, learned senior advocate Shri P.R.Katneshwarkar i/b advocate Shri Mahesh S. Bhosle and advocateShri C.V. Dharurkar for respective petitioners, and learned senioradvocate Shri V.D. Hon i/b advocate Shri A.V. Hon, advocateShri S.S. Thombre for the respondent Management in respectivepetitions , advocate Shri V.P. Golewar alongwith advocate Shri A.R. Joshi for the University in all the matters; and the learnedGovernment Pleader Shri A. B. Girase for the respondents/ StateAuthorities in all the matters.3. This bunch of petitions under Article 226 of theConstitution, concerns the recruitment process conducted by theAhmednagar Zilla Maratha Vidya Prasarak Samaj (referred to as"the Management") for the post of Assistant Professors across 14subjects in its senior colleges. Various petitioners havechallenged the recruitment process, raising distinct claims based *31* WP SELECT PROCESSon their individual grievances. The controversy primarilyrevolves around alleged irregularities and illegalities thatoccurred during the recruitment process, with some petitionersseeking the cancellation of the entire process, while others, whowere selected, are demanding appointment orders.4. Dealing with common challenges related to thefairness and legality of the recruitment process, the petitionshave been consolidated and have been heard and are beingdecided together. Writ Petition no.886/2024 is filed by theunselected candidates, who have alleged gross irregularities andillegalities in the recruitment process, and seek cancellation ofthe entire selection process. Other 24 petitions, Writ PetitionNo.14245/2023 with connected matters and Writ Petition no.14788/2023 with connected matters, are by the selectedcandidates, who claim fairness and transparency in the selectionprocess and pray for issuance of appointment orders.Factual Matrix:5. For the sake of convenience and brevity, the facts aspleaded in Writ Petition no. 886 / 2024 narrating the sequence ofevents, treating it as a lead petition for narrating facts, are briefly *32* WP SELECT PROCESSstated below :(i) Respondent No.5 is a granted educational institution,operating various colleges within the jurisdiction ofAhmednagar District and its surrounding areas.(ii) On 9th March 2023, Respondent No. 5 published anadvertisement in the daily newspapers IndianExpress and Loksatta, calling for applications to fill47 posts of Assistant Professors’ across 14 subjectsin its senior colleges.(iii) The petitioners, along with other candidates, appliedfor the posts. A list of eligible candidates waspublished which included the names of thepetitioners.(iv) The eligible candidates, including the petitioners,received call letters for interviews scheduled on July7, 8, and 9, 2023.(v) Total 2,978 candidates were found eligible for theinterview. The petitioners, along with othercandidates, appeared for their interviews on thedesignated dates.(vi) On July 10, 2023, the petitioners submitted acomplaint to the Secretary of Respondent No.5,alleging multiple illegalities and requesting thecancellation of the selection process. The specific *33* WP SELECT PROCESSallegations inter alia include:1.The selection committees conductedinterviews without quorum and that commoncommittee members were not present for allinterviews, as required.2.The interviews lasted only for one to twominutes, and irrelevant questions were reportedlyasked.3. Interview scores were recorded using pencilsinstead of pens, compromising the integrity of theprocess.4.Illegal demands for money were made inexchange by promising appointments.(vii)On 10/07/2023, by a separate letter signed by theVice President, Joint Secretary, Treasurer and othertrustees and members of Managing Committee ofthe Management, a compliant was submitted torespondent No.3/ Director of Education, Pune andrespondent No.4/ Vice Chancellor of PuneUniversity, alleging several illegalities in therecruitment process. This complaint also raised anissue that the reports of selection committees werebelatedly forwarded although there was a mandatoryrequirement of forwarding the reports on the sameday. By these letters, the above mentioned trustees *34* WP SELECT PROCESSalso made a request for conduct of an enquiry intowhole affairs.(viii)On 13/07/2023, the above mentioned trusteessubmitted a letter to the Secretary of theManagement calling upon it not to issue anyappointment order in view of the gross illegalities inthe entire recruitment process.(ix)On 13/07/2023, these trustees (14 persons includingVice President, Joint Secretary, Trustees and othermembers) moved a requisition of ‘no confidencemotion’ against the President of the Trust, viz. Mr.Nandkumar G. Zaware.(x)With respect to the illegalities in the recruitmentprocess, many other persons submitted separatecomplaints addressed to the Secretary of theManagement of which copies were forwarded toother Government officials, pointing out variousillegalities in the recruitment process includingdemands of huge amounts of money for assuredappointments. The petitioners have filed on recordcomplaint dated 15/07/2023 submitted by oneSantosh Bhaskar Kokate alleging demand ofRs.55,00,0000/- by Shri Rahul Zaware the son of theearlier President Shri Nandkumar Zaware.(xi)Another complaint dated 17/07/2023, submitted by *35* WP SELECT PROCESS26 candidates also alleged gross illegalities anddemands of huge amount of money. Similarly, acomplaint dated 19/07/2023 was submitted by Shri.Namdeo Walhekar and a complaint dated21/08/2023 was submitted by Jijabhau SitaramGhule, all alleging illegal demands of money forassured appointments.(xii)Despite receipt of so many complaints, theUniversity sent e-mails to the Management,through the Deputy Registrar of the University dated03-08-2023 during 1.01 p.m. to 1.18 p.m.,informing thereby that the documents of selectioncommittee which were uploaded online by theManagement, have been approved.(xiii)On 24/08/2023, respondent No.4/University issued aletter (Exhibit ‘M’) through the Deputy Registrar ofUniversity conveying its opinion and informing theManagement that the decision to cancel therecruitment process is in the domain of theManagement.(xiv)On 28/08/2023, the officials of University submitteda ‘Noting’ to the Vice Chancellor of the Universityfor grant of provisional approval to the appointmentspursuant to the recruitment process conducted byManagement. Pertinent to note that this ‘noting’mentioned the subject as ‘for grant of approval to the *36* WP SELECT PROCESSappointments as Assistant Professors in the year2023’. This noting also referred to a meeting of theExecutive Committee of respondent No.5Management dated 04/08/2023 which had resolvedto cancel the entire recruitment process and appointfresh selection committee. It is also stated that in thewake of alleged illegalities, a letter dated 24/08/2023was issued by the University (referred above) andaccordingly, report of selection committee assubmitted by respondent No.5/ Management byonline mode was approved by the Vice Chancellorw.e.f. 03/08/2023, which was intimated to theManagement by online mode.6.The petitioners have filed on record the documentsof mark sheets of the interviews, as received by them from theManagement. These mention the marks of the candidates forvarious subjects, which show blank spaces and overwritings ofmarks at several places. The petitioners have stated that thesedocuments were supplied to them after a lot of correspondenceand persuasion with the Management. The original set ofdocuments received by the petitioners bearing original stamps ofthe Management are also filed on record by the respondent/ *37* WP SELECT PROCESSManagement. 7.The petitioners have alleged that in view of the grossillegalities and malpractices committed by respondent No.5 in theentire recruitment process, the selections made pursuant to thisrecruitment are all illegal and liable to be quashed and set aside.The petitioners have, therefore, prayed that the entire selectionprocess be declared as illegal, arbitrary and violative of Articles14 and 19(1)(g) of the Constitution of India. The petitioners alsochallenge the letters (emails) dated 03/08/2023 and 28/08/2023issued by the respondent University allegedly granting approvalto the documents of selection process and have prayed forissuance of a fresh advertisement and for conducting a freshrecruitment process.8.In response to the petitions, respondentNo.4/University filed its affidavit-in-reply sworn by the DeputyRegistrar, Academic Section (Approval Unit) of the University.By this short reply, the University has opposed the petition andhas simply stated that there were no irregularities in the entireselection process conducted on 07.07.2023 to 09.07.2023, asreported by the nominees of the Vice-Chancellor. By referring to *38* WP SELECT PROCESSStatute No.411(2), it is stated that the Management of the collegeis the competent authority to take decision about cancellation ofthe selection process or otherwise. By its additional affidavit, it isstated that the reports of the selected candidates were received bythe University by both online and offline mode, which are placedon record vide Exhibit R-1 collectively. It is stated that theselection procedure was carried out on merits and the reports ofthe selection committee have been correctly and appropriatelyapproved by the Vice Chancellor. On the basis of thesecontentions, the petition was opposed. 9.The petitioners in WP no.886/2024 controvertedthe stand of the respondents by rejoinder affidavit dated13/12/2024 and firmly stated that despite there being a CircularNo.102/2023 dated 06/06/2023 issued by the University, thereports of the selection committee were not sent on the same day,which paved way for manipulation. 10.Apart from respondent No.4 University, no otherrespondents have filed any reply affidavits in this petition (WPno. 886 /2024).11.Another group of petitions bearing Writ Petition *39* WP SELECT PROCESSNo. 15245/2023 with connected matters, represented bySenior Advocate P.R. Katneshwarkar, are filed by the selectedcandidates seeking writ of mandamus to issue appointmentorders. The bone of contentions of these petitioners is that,having been duly selected in the recruitment process, they areentitled for issuance of appointment orders. They have contendedthat a provisional approval was granted by Respondent No. 4(University) on 28th August 2023 and accordingly, theappointment orders need to be issued. 12. Respondent No.6/ Management, in its reply dated21st February 2024 in WP no. 15245 / 2023, stated that thepetitioners were involved in corrupt practices and that theselection process was not fair and transparent. Respondent No. 6contended that the earlier President of the Management hadresigned amidst allegations of corruption, and the governingcouncil decided to cancel the entire recruitment process. TheManagement asserted that the petitioner's claim is invalid due tothe alleged corrupt practices surrounding the process, includingthe solicitation of money from candidates through a cooperativesociety dominated by the former President’s family. It is stated *40* WP SELECT PROCESSthat before the President’s resignation on 10th August 2023, thegoverning council decided to cancel the selection process entirelyby its decision dated 04.08.2023.13. In the rejoinder affidavit dated 5th August 2024, thepetitioner from WP no.15245/2023 refuted the corruptionallegations and reiterated that the selection process wasconducted in accordance with Statute No. 415, with properapproval from the competent authorities. The petitionercontended that the decision to cancel the process is unlawful, andhe is entitled to an appointment order.14. Respondent Nos.4 and 5 (the University) submittedreply dated 25th September 2024, asserting that the selectionprocess was carried out according to statutory procedures andapproved by the Vice Chancellor. The University contends thatthe Management retains the discretion to cancel the process, butthe decision must be in compliance with applicable statutes.15. Respondent Nos.1 to 3 (State Government) filedreply dated 15th July 2024, affirming that the Government hadissued a ‘No Objection Certificate’ for the recruitment process.The Government’s nominee participated in the interview process, *41* WP SELECT PROCESSbut it is emphasized that the decision to continue or cancel theselection process is within the purview of the Management,subject to the provisions of Statute No. 415.16.A similar challenge is raised by the petitioners inWrit Petition No.14788/2023 and other connected petitions,represented by Adv. C.V. Dharurkar for the petitioners in allthe petitions. All these petitions are filed by the candidates, whoclaim to have been selected as Assistant Professors for differentsubjects in the same selection process.17.The petitioner in Writ Petition No.14788/2023 hasaverred that he was eligible for the post of Assistant Professor(Botany) and pursuant to the advertisement, he applied and wascalled for interview. He has stated that his name was included inthe list of selected candidates. However, appointment order wasnot issued to him and, therefore, he has filed the instant petitionclaiming identical reliefs of directions to the respondentManagement to issue appointment order as Assistant Professor(Botany) by considering his probation period w.e.f. 03.08.2023.He has relied upon statute No.415 to allege that the recruitmentprocess was conducted in compliance with the provisions of this *42* WP SELECT PROCESSstatute and, therefore, he was entitled for issuance ofappointment order. Similar pleas are raised by other petitionersregarding their respective subjects.18.Pertinently, in response to the petition, therespondent Management filed the affidavit in reply dated27.02.2024. This affidavit is sworn in by Genuji DagdojiKhandeshe. By narrating sequence of events in the reply, it isstated that since the candidate does not have an indefeasible rightto claim appointment and it is prerogative of the employer, thepetitioner cannot claim right of issuance of appointment order.By taking such stand, the respondent Management opposed thepetitions.19.In response to the reply filed by the respondentManagement, the petitioner has filed the rejoinder affidavit dated09.07.2024 thereby, pointing out that the selection process wasconducted in accordance with the UGC regulations and bycomplying with the provisions of relevant governmentresolutions, particularly Government Resolution dated08.03.2019.20.In this writ petition, Civil Application No.1022/2024 *43* WP SELECT PROCESSfor intervention was filed by Dr. Dagdu Sakharam Talule andseven others, who are the petitioners in Writ PetitionNo.886/2024. They have made allegations about severeillegalities in the entire recruitment process and reiterated theircontentions which are raised in their writ petition.Submissions of respective Counsels 21.The learned senior advocate Shri R.N. Dhordeappearing for the petitioners in Writ Petition No.886/2024 madevehement submissions by pointing out grave illegalities andarbitrariness in the entire selection process. He would submitthat in the wake of gross illegalities in the entire selectionprocess, the conduct of the University in considering documentsfor grant of provisional approval to the appointments itself isgrossly illegal. He would submit that entire selection processcarried out by the Management as well as emails dated03.08.2023 issued by the University, are illegal. He would alsosubmit that mere selection does not create any vested right infavour of the candidates to claim any kind of appointment. Insupport of his submissions, he would rely upon the followingcase laws:- *44* WP SELECT PROCESS(a)Vishal Nandkumar Dhadvad and ors Vs CentralBank of India, Mumbai and ors, 2015 SCCOnline Bom 3844.(b)Jitendra Kumar and ors Vs State of Haryana andanr, (2008) 2 SCC 161.(c)Vijay Kumar Mishra and ors Vs High CourtJudicature at Patna and ors, (2016) 9 SCC 313.22.These arguments were mainly controverted by thelearned advocate Shri Joshi appearing for the University. Byrelying on its affidavit in reply dated 30.07.2024, he submittedthat the University has not observed any kind of irregularity inthe selection process. By inviting our attention to the definitionof ‘appointing authority’ under statute No.411(2), he submittedthat the Management of the college is the appointing authorityand competent authority to take decision about selection processand it was in the domain of the Management to take furtherdecision about cancellation or continuation of selection process.23.The learned senior advocate Shri P.R.Katneshwarkar for the petitioners in Writ PetitionNo.15245/2023 and other connected petitions of selected *45* WP SELECT PROCESScandidates, vehemently submitted that only on the basis ofallegations of irregularities by unselected candidates, the entireselection process cannot be branded as illegal. He would submitthat the candidates have participated in selection process and theselection process was carried out in a fair and transparentmanner. He would submit that the selected candidates cannot bemade scapegoat only because the unselected candidates were notable to prove their merit. He would further submit that theposition of law is settled that if a candidate is not rejected atthreshold and is allowed to participate in selection process andultimately, his name figures in the merit list, then, he does have alimited right of being accorded a fair and non discriminatorytreatment. He would submit that the selected candidates have areasonable expectation of being appointed having regard to theirposition in merit list. In support of his submissions, he wouldrely upon the following case laws:(a)Smt. Shakuntalabai Premlal Bawane vs. State ofMaharashtra and others, WP/253/2004, NagpurBench, judgment dated 01.03.2018.(b)Union of India Vs Uzair Imran & Ors, SLP(Civil) Diary No. 21319/2022. *46* WP SELECT PROCESS(c)Union Of India and ors Vs Bikash Kumar,(2006)8 Supreme Court Cases 192.(d)Chandra Prakash Tiwari and ors VsShankuntala Shukla and ors., (2002) 6Supreme Court Cases 127.(e)Tajvir Singh Sodhi & ors Vs State of Jammu andKashmir & ors, 2023 LiveLaw (SC) 253.(f)Shaik Mahboob John Vs The High Court ofAndhra Pradesh, WP No. 8648 of 2019 (AndhraPradesh High Court).(g)M.V. Thimmaiah & Ors Vs UPSC, Appeal (Civil)5883/2007.(h)B.C. Mylarappa Vs Chikkamylarappa & ors,Civil Appeal No. 6045/2008.(i)Sadananda Halo and others Vs. Momtaz AliSheikh and others, (2008) 4 Supreme CourtCases 619.(j)Chandra Prakash Tiwari and others Vs.Shakuntala Shukla and others, (2002) 6 SupremeCourt Cases 127.(k)Madan Lal and others Vs. State of J & K andothers, (1995) 3 Supreme Court Cases 486. *47* WP SELECT PROCESS(l)Sachin Kumar and others Vs. Delhi SubordinateService Selection Board (DSSSB) and others,(2021) 4 Supreme Court Cases 631.(m)Union of India Vs. Rajesh P.U., (2003) 7 SupremeCourt Cases 285.24.Arguing for the petitioners in another group ofpetitions including Writ Petition No.1477/2023 and others, thelearned advocate Shri C.V. Dharurkar adopted the arguments ofthe learned senior advocate Shri Katneshwarkar and hasadditionally submitted that the selected candidates although doesnot have indefeasible right to be appointed, but have a fairexpectation of due consideration for issuance of appointmentorder. In support of his submissions, he relied upon the followingcase laws:(a)Dr Basavaiah Vs H.L.Ramesh & ors, AIR SCW5907 2010.(b)Dr Babasaheb Ambedkar Memorial ChandrapurSociety, Nagpur Vs University and ors, 2005 (2)Mh LJ 731.(c)Shankarshan Dash Vs Union of India, AIR 1991 *48* WP SELECT PROCESSSC 1612.(d)Sajeesh Babu K Vs N.K.Santosh and ors, 2012AIR SCW 6063.(e)Dr Rajbir Singh Dalal Vs Chaudhari Devi LalUniversity, Sirsa and anr, 2008 AIR SCW 5817.(f)Ratnagiri Gas and Power Pvt Ltd. Vs RDSProjects Ltd and ors, AIR 2013 SC 200.25.Learned senior advocate Shri V.D. Hon, arguing onbehalf of the respondent Management in Writ PetitionNo.14788/2023 and other connected petitions, submitted that theManagement has infact initiated the selection process byobtaining prior approval from the University and in view of thedire need to fill up vacancies, the process was carried further. Hevehemently submitted that the selected candidates cannot claimto have any indefeasible right and in view of the decision of theManagement to cancel the entire recruitment process and toconduct a fresh recruitment process, the writ petitions are liableto be dismissed.26.Advocate Shri S.S. Thombre, learned advocate for *49* WP SELECT PROCESSthe Management in Writ Petition No.15245/2023 and otherconnected petitions, submitted that earlier President had indulgedin serious illegalities in the entire selection process making theprocess unfair and grossly illegal. He has submitted that in viewof illegalities in the selection process, entire selection process iscancelled by the Management and the candidates claiming tohave been selected cannot claim any kind of right forappointment. By adverting our attention to various complaintssubmitted by the candidates and members/ trustees of theManagement, he would submit that entire selection process wasunfair and it is rightly cancelled. He would also submit that mereselection does not confer any right in favour of selectedcandidates and the petitioners are not entitled for any reliefs. Insupport of his submissions, he would rely upon the followingcase laws:(a)Sachin Kumar and ors Vs Delhi SubordinateService Selection Board and ors, MANU/SC/0145/2021.(b)Ajay and ors Vs High Court of Judicature ofBombay, MANU/MH/1986/2010.(c)Union of India and ors Vs Kali Das Batish and *50* WP SELECT PROCESSors, MANU/SC/0139/2006.(d)Punjab State Electricity Board and ors VsMalkiat Singh, MANU/SC/0878/2004.(e)Pawan Uttam Marg and ors Vs The State ofMaharashtra and anr, WP/6901/2021,Aurangabad Bench.(f)Vinod Fakira Marathe and ors Vs The State ofMaharashtra and ors, MANU/MH/1726/2024.Area of Controversy: 27.In the light of the above mentioned factualbackground, the crux of the controversy revolves around theallegations of irregularities and illegalities in the recruitmentprocess. The petitioners—both selected and unselected— aredivided in their stance, with one group seeking the annulment ofthe entire process, while the other seeks the enforcement of theresults. The Unselected Candidates' Claims that the selectionprocess was marred by gross irregularities, including violationsof procedural fairness, lack of transparency, and possiblecorruption. They seek the cancellation of the entire selection *51* WP SELECT PROCESSprocess as it allegedly failed to comply with the establishednorms and statutory requirements governing such procedures.Whereas the selected candidates maintain that the recruitmentprocess was conducted with due diligence and fairness, adheringto all requisite legal and procedural norms. They argue that theallegations raised by the unselected candidates are unfounded,and therefore, the court should direct the issuance of appointmentorders based on the merit-based selection process.28. While considering the rival claims of the parties,qua the reliefs claimed in respective petitions, we are notrequired to enter into the arena of disputed questions of factsrelated to the allegations of demands of money or the entry ofmarks by pencil etc. In the wake of the decision of themanagement to cancel the entire selection proess, the primaryissue which falls for our consideraiton is whether the selectedcandidates can claim and assert a right for seeking appointmentorders.Consideration of the issue and controversy29.After referring to the contentions of the parties intheir respective petitions and replies, let us now deal with the *52* WP SELECT PROCESSrelevant facts and points on the basis of which the controversycan be considered. Relevant undisputed facts necessary forconsidering the issue in question are briefly stated thus:The respondent Management publishedadvertisement dated 09.03.2023 after securing approval from theUniversity regarding publication of advertisement. Thisadvertisement was for filling up 47 posts of senior colleges in 14subjects. Pursuant to the advertisement, interviews wereconducted on 07.07.2023, 08.07.2023 and 09.07.2023. Withrespect to irregularities and illegalities in the selection process,various complaints were submitted by candidates on 10.07.2023,15.07.2023, 17.07.2023 and 19.07.2023. So also, even thetrustees of the Management including Vice President, Secretary,Treasurer and other members made complaints dated 10.07.2023and 13.07.2023 to the Deputy Director of Education and theUniversity. Despite these complaints being there on one side, theUniversity, on the other side, issued emails dated 03.08.2023informing the Management that the documents of selectioncommittee uploaded online were approved. On 28.08.2023, theletter was sent by the University to the Management which infact *53* WP SELECT PROCESSis the ‘noting’ for approval of the Vice Chancellor by the DeputyRegistrar and it contained the subject of grant of provisionalapprovals to the appointments.30.In the wake of the above mentioned events, thedecision of the respondent Management with respect to the entireselection process becomes crucial. It may be seen that on04.08.2023 itself, the Governing Council of the respondentManagement took a decision to cancel the entire selectionprocess and start it afresh. This was preceded by resignation ofearlier President of the Management against whom seriousallegations of malpractices were levelled by other members. Assuch, entire selection process was not proceeded further and theManagement which came in power, did not issue anyappointment order to selected candidates.31.In the above mentioned scenario, the crucial issuewhich falls for our consideration is as to whether in view ofcancellation of the entire recruitment process, can the selectedcandidates claim and assert a right of seeking appointment ordersas prayed by them in the petitions.Another issue is as to whether, the Management, *54* WP SELECT PROCESSwhich has conducted the recruitment process upto the stage ofinterview by indulging into serious malpractices includingdemand of huge amount of money, can be allowed to simply doaway with the recruitment process after getting exposed. 32.In order to deal with the controversy, it is necessaryto have a look at the provisions of statute Nos.411(2) and (9) and415(1) and (2) of the Statutes of the respondent Universityformulated under Section 42 and/or Section 73 of the PoonaUniversity Act, 1974, which are reproduced below:-“Statute 411. The definitions given in theAct and in the Statutes shall be applicable tothese Statutes, unless there is anything repugnantin the subjects or context.…”“(2)"Appointing Authority" means theauthority competent to make appointments to thedifferent posts specified therein. The AppointingAuthority for the University/Colleges andInstitutions conducted by the University shall bethe Executive Council. The Appointing Authorityfor the Affiliated College/Recognized Institution,shall be the Management of theCollege/Recognized Institution or the authorityconstituted by the Management as per itsconstitution.”“(9) "Management" means a Body or aSociety or an Institution which has applied forstarting/running of a college or recognizedinstitution and which has been dulystarted/recognized as such; and includes the *55* WP SELECT PROCESSGoverning Body or the Managing Committee orany other body by whatever name it is designatedwhich actually conducts.”“Statute 415. Recruitment of Teachers ofConstituent and Affiliated Colleges/RecognizedInstitutions.1. There shall be Selection Committeefor making recommendations to the Managementfor appointment of teachers.Every Selection Committee shallconsist of:(a) Chairman, Governing Body of theCollege or/his Institution nominee from amongstmembers of the Governing Body.(b) A nominee of the Vice-Chancellor.(c) One Expert to be nominated by theVice-Chancellor.(d) One nominee of the Director ofHigher Education, not below the rank of DeputyDirector of Higher Education.(e) Principal of the College/Head of theRecognized Institution.(f) Head of the concerned Departmentof the College/Institution.(g) If the post is reserved one, the ViceChancellor shall nominate one additionalmember, belonging to Scheduled Caste orScheduled Tribe or Denotified or Nomedic Tribewho should preferably an expert on the subject.2. Procedure: *56* WP SELECT PROCESS(a) All posts of the teachers shall bewidely advertised with particulars of minimumand other qualifications, if any, and emoluments.Reasonable time shall be allowed to applicants,to submit their applications.(b) The date of the meeting of theSelection Committee shall be so fixed as to allowthe notice of fifteen days to each member and tothe candidates. The particulars of each candidatecalled for interview; in consultation with theHead of the Department/Principal of the College,Head of the Recognized Institution, shall besupplied to each member, so as to reach himseven days before the date of the meeting.(c) The quorum to constitute a meetingof the Selection Committee shall be four membersof whom, one being an expert nominated by theUniversity.(d) The Selection Committee shallinterview and adjudge the merits of eachcandidate in accordance with the qualificationsadvertised, and report to the Competent Authoritythe names arranged in order of merits givingreasons for the order of preference. If no person isselected a report to that effect be made. TheCommittee may recommend only one name ifothers are not found suitable.(e) The Competent Authority, with theapproval of the Vice-Chancellor, shall appointfrom amongst the persons so recommended thenumber of persons required to fill in the posts.Provided that where the AppointingAuthority proposes to make an appointmentotherwise than in accordance with the order ofmerit arranged by the Selection Committee, itshall record its reasons in writing and refer backto the matter to the Selection Committee for *57* WP SELECT PROCESSreconsideration within fifteen days from the dateof report. Thereafter the decision of theCompetent Authority, if approved by the Vice-Chancellor, shall be final.”33.It is also necessary to take note of circularNos.102/2023 dated 06.06.2023 and 182/2023 dated 11.08.2023issued by the University, which deal with the requirement oftimely submission of reports of the selection committee. CircularNo.102/2023 provides that the entire record of the recruitmentprocess including the reports of the selection committee withdocuments of educational qualifications and experience of thecandidates has to be submitted by Online mode on the same dayof the meeting of the selection committee and the print outs ofthese documents to be submitted immediately. Circular no. 182 /2023 dated 11/08/2023 provides modification to the circulardated 102/2023 and requires the record to be submitted onlinewithin 48 hours and by offline mode within 72 hours.Analysis of Factual and Legal aspects34. Considering the factual aspects emerging from therecord, for the purpose of deciding the entitlement of the *58* WP SELECT PROCESSpetitioners for the writs prayed for, following crucial aspects maybe noted:34.1 The documents on record do not show complianceof procedure as per Statute 415, in that the selection committeealthough was constituted on paper, in view of the schedule ofinterview being spread over only three days ( 7, 8 and 9 July2023), for conducting interviews for 14 different subjects, it isbeyond comprehension that the members of the selectioncommittee, particularity the same nominees of the University andthe Government could attend each of the personal interviews.34.2 Crucial to note, the Secretary of the Managementhad issued a letter dated 11.07.2023 to the Deputy Registrar ofthe University thereby, informing that the interviews for the postof Assistant Professors were conducted on 07th, 08th and 09th July,2023, for which 934 candidates had appeared and although thereports of the Selection Committee were required to beforwarded by online mode to the University, the same could notbe forwarded within 24 hours from completion of the interviews,since the Subject Experts had left the premises. This letter atExhibit M in Writ Petition No.15245/2023 filed by the *59* WP SELECT PROCESSManagement along with their reply affidavit clearly establishesthat the online reports were not at all submitted ‘on the same day’despite clear mandate of the circular No.102/ 2023. This conductof the Management of failure to forward the reports of theselection committee to the University on the same day, onunacceptable excuses, establishes lack of transparency and lackof fairness.34.3 In view of the record of selection committee as filedin Writ petition no. 886/2024, it clearly shows that the conduct ofinterviews was a farce. The interviews were conducted withoutthere being quorum. The records of the selection committeesshow over-writings and manipulations including number of blankspaces and writing of marks by pencils.34.4Apart from this, the allegations of demands ofmoney, evident from complaints dated 10th July 2023 (Exhibit Fin WP No.886/2024), although disputed questions of facts, arenot worth ignoring in view of the allegations being also levelledby majority of the trustees of the Management (14 in number)(Exhibit H in WP No.886/2024). 34.5 Undisputedly, the record of the selection process *60* WP SELECT PROCESSwas submitted by online mode after 11.07.2023. This can be seenfrom email dated 11.07.2023 at 05:31 pm and email dated14.07.2023 expressing inability to upload documents due totechnical glitches. The Deputy Registrar of the University hasapproved the uploading of the documents by email dated03.08.2023, which cannot constitute final approval to the reportsof the selection committee. Further, taking note of the decision ofthe Management to cancel the entire recruitment process videresolution dated 04.08.2023, the Deputy Registrar of theUniversity had prepared a ‘noting’ dated 28.08.2023 (exhibit M-3in W.P. No.886/2024) which was submitted to the Pro-ViceChancellor who had approved the remark of the DeputyRegistrar, thereby recognizing the authority of the Managementto take a decision about cancellation or continuation of theselection process. The ‘noting’ refers to the earlier letter dated24.08.2023 issued by the University to the Managementrecognizing the domain of the Management to take decisionabout continuation or cancellation of the selection process. This‘noting’ is referred to as a document of provisional approval bythe selected candidates. By referring to statute No.411(2) of theUniversity, the University has confirmed their stand by reply
Decision
*66* WP SELECT PROCESSof Ahmednagar Zila Maratha Vidya Prasarak Samaj,Ahmednagar should be saddled with costs, which are quantifiedat Rs.1,00,000/- (Rupees One lac). 40. Hence, on consideration of the above mentionedfactual and legal aspects, we pass the following order:(a)Writ Petition Nos.15245/2023, 864/2024, 853/2024,856/2024, 885/2024, 8370/2024, 8371/2024, 8372/2024,8379/2024, 8380/2024, 8373/2024, 8375/2024, 8374/2024,14822/2023, 14798/2023, 14796/2023, 14833/2023, 14788/2023,15379/2023, 15274/2023, 15246/2023, 15230/2023, 15232/2023and 15262/2023, are dismissed.(b)Writ Petition No.886/2024 (Dr. Dagadu SakharamTalule and others vs. The State of Maharashtra and others) isdisposed of. (c)The Ahmednagar Zila Maratha Vidya PrasarakSamaj Ahmednagar (respondent no.5 in WP no. 886 / 2024) isdirected to deposit an amount of Rs.1,00,000/- (Rupees One lac)towards costs, in the registry of this Court within a period of fourweeks from today, else the same shall be recovered as arrears of *67* WP SELECT PROCESSthe land revenue by the District Collector, Ahmednagar.(d)Civil Application No.1022/2024 in Writ PetitionNo.14788/2023 is disposed of.(e)The original mark sheets placed on record by theManagement, which are re-sealed as per the order dated03.01.2025, be returned to respondent No.5 Management.41.Rule is discharged in the above terms.42.After pronouncement, the learned advocates for thepetitioners from the writ petitions which are being dismissed,seek extension of the ad interim relief to enable the petitioners toapproach the Supreme Court.43.In the light of the fact that we have approved thedecision of the Management to cancel the recruitment process inits entirety, there is no propriety in continuing the ad interimrelief.44.The request is rejected. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.)[Kalyan Sangvikar, PS]