Bombay High Court
Dagadu Sakharam Talule And Others vs The State Of Maharashtra Through Its … on 9 April, 2025
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2025:BHC-AUG:10772-DB
*1* WP SELECT PROCESS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.886 OF 2024
1. 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 PROCESS
Age: 30 years, Occu: service
R/o. Plot No. 87, Swagat Colony,
Datta Chowk, Bhushannagar,
Kedgaon, Ahmednagar.
....PETITIONERS
VERSUS
1. 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 2024
Dipak S/o Shivaji Shelar,
Age-39 Yrs, Occu- Nil,
R/o. Tambhere, Tal. Rahuri
Dist, Ahmednagar.
....PETITIONER
VERSUS
*3* WP SELECT PROCESS
1. 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
AND
WRIT PETITION NO.853 OF 2024
Aparna D/o Damodhar Wagh,
Age-37 Yrs, Occu- Nil,
R/o. Vidya Nagar, Near Vitthal Temple,
Shevgaon Tal. Shevgaon,
Dist. Ahmednagar
....PETITIONER
VERSUS
1. The State of Maharashtra
Through Secretary, Higher and
Technical Education Department
*4* WP SELECT PROCESS
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
AND
WRIT PETITION NO.856 OF 2024
Mudassar S/o Akthar Shaikh,
Age-34 Yrs, Occu- Nil,
R/o. 19-Vidya Sagar Colony,
Behind Market Yard,
Sarasnagar, Ahmednagar
Tal. & Dist, Ahmednagar.
....PETITIONER
VERSUS
1. The State of Maharashtra
Through Secretary, Higher and
Technical Education Department
Mantrayala, Mumbai.
*5* WP SELECT PROCESS
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
AND
WRIT PETITION NO.885 OF 2024
Navnath S/o Bhausaheb Chede,
Age- 33 Yrs, Occu- Service,
R/o. At Post Punewadi, Tal. Parner
Dist, Ahmednagar.
....PETITIONER
VERSUS
1. The State of Maharashtra
Through Secretary, Higher and
Technical Education Department
Mantrayala, Mumbai.
2. The Director of Higher Education,
Pune.
*6* WP SELECT PROCESS
3. The Joint Director of Higher Education,
Pune.
4. The Vice Chancellor,
Savitribai Phule Pune University, Pune.
Ganeshkhind, Pune-411007
5. The Registrar
Savitribai Phule Pune University, Pune.
Ganeshkhind, Pune-411007
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
AND
WRIT PETITION NO.8370 OF 2024
Yogesh S/o Gulabrao Kadam,
Age- 37 Yrs, Occu- Service,
R/o At Post Bhatodi Pargaon,
Tal. & Dist, Ahmednagar.
....PETITIONERS
VERSUS
1. The State of Maharashtra
Through Secretary, Higher and
Technical Education Department
Mantrayala, Mumbai.
2. The Director of Higher Education,
Pune.
*7* WP SELECT PROCESS
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
AND
WRIT PETITION NO.8371 OF 2024
Vaibhav 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.
....PETITIONERS
VERSUS
1. 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 PROCESS
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
AND
WRIT PETITION NO.8372 OF 2024
Archana 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.
....PETITIONERS
VERSUS
1. 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 PROCESS
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
AND
WRIT PETITION NO.8379 OF 2024
Archana 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.
....PETITIONERS
VERSUS
1. 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 PROCESS
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
AND
WRIT PETITION NO.8380 OF 2024
Kavita D/o Baban Mane,
Age- 33 Yrs, Occu- Nil,
R/o. At Post Baburdi Ghumat,
Tal. Dist, Ahmednagar.
....PETITIONER
VERSUS
1. 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 PROCESS
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
AND
WRIT PETITION NO.8373 OF 2024
Nilima D/o Laxman Vikhe,
Age-40 Yrs, Occu- Nil,
R/o 6106, Wable building, Bhakre Lane,
Sarjepura, Ahmednagar Pin-414001,
Tal. Dist, Ahmednagar.
....PETITIONER
VERSUS
1. 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 PROCESS
7. The Secretary, Ahmednagar Jilla Maratha
Vidya Prasarak Samaj, Lal Taki Road,
Ahmednagar.
....RESPONDENTS
AND
WRIT PETITION NO.8375 OF 2024
Babasaheb S/o Kundlik Thorve,
Age- 35 Yrs, Occu- Nil,
R/o Plot No. 336, Maratha Nagar,
Nepti Road, Kedgaon, Ahmednagar
Tal. And Dist: Ahmednagar.
....PETITIONER
VERSUS
1. 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 PROCESS
Ahmednagar.
....RESPONDENTS
AND
WRIT PETITION NO.8374 OF 2024
Aparna D/o Arun Kulkarni,
Age- 49 Yrs, Occu- Service,
R/o A-1, Amrutwale Building,
Savedi Road, Ahmednagar
Tal. And Dist: Ahmednagar.
....PETITIONER
VERSUS
1. 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 PROCESS
AND
WRIT PETITION NO.15379 OF 2023
Sanjay S/o Sukhdev Aher,
Age- 37 Yrs, Occu- Nil,
R/o. At Kanher Post Pokhari, Tal. Parner
Dist, Ahmednagar.
....PETITIONER
VERSUS
1. 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
AND
WRIT PETITION NO.15274 OF 2023
Gangaram S/o Ganpat Langhi,
*15* WP SELECT PROCESS
Age-31 Yrs, Occu- Nil,
R/o. At Post-Ratanwadi, Tq. Akole,
Dist, Ahmednagar.
....PETITIONER
VERSUS
1. 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
AND
WRIT PETITION NO.15246 OF 2023
Suraj S/o Prabhakar Gaikwad,
Age- 35 Yrs, Occu- Nil,
R/o. Ashvi Khurd, Tal. Sangamner
Dist, Ahmednagar.
....PETITIONER
*16* WP SELECT PROCESS
VERSUS
1. 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
AND
WRIT PETITION NO.15230 OF 2023
Nishikant 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 PROCESS
VERSUS
1. 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
AND
WRIT PETITION NO.15245 OF 2023
Govind Shivajirao Deshmukh,
Age : 39 years, Occu. Nil,
R/o At Kadmoli, Post. Mohnal,
Tal. Chakur, Dist. Latur.
....PETITIONER
VERSUS
1. The State of Maharashtra
*18* WP SELECT PROCESS
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
AND
WRIT PETITION NO.15232 OF 2023
Vishal S/o Gulabrao Salve,
Age-37 Yrs, Occu- Nil,
R/o. At Post Hanga, Tal. Parner
Dist, Ahmednagar.
....PETITIONER
VERSUS
1. The State of Maharashtra
Through Secretary, Higher and
Technical Education Department
Mantrayala, Mumbai.
*19* WP SELECT PROCESS
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
AND
WRIT PETITION NO.15262 OF 2023
Balasaheb S/o Bajirao Pawar,
Age- 49 Yrs, Occu- Service,
R/o. 13 Apurva Complex, Jamkhed Road,
Darewadi, Ahmednagar.
....PETITIONER
VERSUS
1. 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 PROCESS
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
....
AND
WRIT PETITION NO.14822 OF 2023
Dr 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.
....PETITIONER
VERSUS
1. 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 PROCESS
Pune 411016
3. The Joint Director,
Higher Education - Pune region,
Directorate of Higher Education,
412, E, Bahirat Patil Chowk,
Model Colony, Shivaji Nagar,
Pune 411016
4. 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
....RESPONDENTS
AND
WRIT PETITION NO.14798 OF 2023
Ashish 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
....PETITIONER
VERSUS
1. The State of Maharashtra,
Department of Higher and
Technical Education, Mantralaya
Mumbai.
[Through: The Secretary]
*22* WP SELECT PROCESS
2. The Director of Higher Education,
Directorate of Higher Education,
412, E, Bahirat Patil Chowk,
Model Colony, Shivaji Nagar,
Pune 411016
3. The Joint Director,
Higher Education - Pune region,
Directorate of Higher Education,
412, E, Bahirat Patil Chowk,
Model Colony, Shivaji Nagar,
Pune 411016
4. 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
AND
WRIT PETITION NO.14796 OF 2023
Dr 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
....PETITIONER
VERSUS
1. The State of Maharashtra,
Department of Higher and
Technical Education, Mantralaya
Mumbai.
[Through: The Secretary]
*23* WP SELECT PROCESS
2. The Director of Higher Education,
Directorate of Higher Education,
412, E, Bahirat Patil Chowk,
Model Colony, Shivaji Nagar,
Pune 411016
3. The Joint Director,
Higher Education - Pune region,
Directorate of Higher Education,
412, E, Bahirat Patil Chowk,
Model Colony, Shivaji Nagar,
Pune 411016
4. 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
AND
WRIT PETITION NO.14833 OF 2023
Pranil 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
....PETITIONER
VERSUS
1. The State of Maharashtra,
Department of Higher and
*24* WP SELECT PROCESS
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 411016
3. The Joint Director,
Higher Education - Pune region,
Directorate of Higher Education,
412, E, Bahirat Patil Chowk,
Model Colony, Shivaji Nagar,
Pune 411016
4. 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
AND
WRIT PETITION NO.14788 OF 2023
WITH
CIVIL APPLICATION NO.1022 OF 2024
Gurunath 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
*25* WP SELECT PROCESS
VERSUS
1. 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 411016
3. The Joint Director,
Higher Education - Pune region,
Directorate of Higher Education,
412, E, Bahirat Patil Chowk,
Model Colony, Shivaji Nagar,
Pune 411016
4. 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. 886/2024
Shri R.N.Dhorde senior Adv a/w Shri P.S. Dighe, Adv i/by
Shri 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 PROCESS
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/5
WITH
2) WRIT PETITION NO. 864/2024
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri S.S.Thombre, Adv for R/6.
WITH
3) WRIT PETITION NO. 853/2024
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri S.S.Thombre, Adv for R/6.
WITH
4) WRIT PETITION NO. 856/2024
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri S.S.Thombre, Adv for R/6.
WITH
5) WRIT PETITION NO. 885/2024
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri S.S.Thombre, Adv for R/6.
WITH
6) WRIT PETITION NO. 8370/2024
Shri 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 5
Shri S.S.Thombre, Adv for R/6.
WITH
7) WRIT PETITION NO. 8371/2024
Shri 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 PROCESS
8) WRIT PETITION NO. 8372/2024
Shri 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 5
Shri S.S.Thombre, Adv for R/6.
WITH
9) WRIT PETITION NO. 8379/2024
Shri 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 5
Shri S.S.Thombre, Adv for R/6.
WITH
10) WRIT PETITION NO. 8380/2024
Shri P. R. Katneshwarkar, Senior Adv i/by Shri Mahesh S.
Bhosale, Adv for Petitioner.
Shri S.S.Thombre, Adv for R/6.
WITH
11) WRIT PETITION NO. 8373/2024
Shri 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 5
Shri S.S.Thombre, Adv for R/6.
WITH
12) WRIT PETITION NO. 8375/2024
Shri 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.
WITH
13) WRIT PETITION NO. 8374/2024
Shri 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 5
Shri S.S.Thombre, Adv for R/6.
WITH
14) WRIT PETITION NO.14822/2023
Shri 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 PROCESS
WITH
15) WRIT PETITION NO. 14798/2023
Shri 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
WITH
16) WRIT PETITION NO. 14796/2023
Shri 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
WITH
17) WRIT PETITION NO. 14833/2023
Shri 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
WITH
18) WRIT PETITION NO. 14788/2023 with
C.A.NO.1022/2024
Shri 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
WITH
19) WRIT PETITION NO. 15379/2023
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri S.S.Thombre, Adv for R/6.
WITH
20) WRIT PETITION NO. 15274/2023
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri S.S.Thombre, Adv for R/6.
WITH
21) WRIT PETITION NO. 15246/2023
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
*29* WP SELECT PROCESS
Shri S.S.Thombre, Adv for R/6.
WITH
22) WRIT PETITION NO. 15230/2023
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri S.S.Thombre, Adv for R/6.
WITH
23) WRIT PETITION NO. 15245/2023
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri S.S.Thombre, Adv for R/6.
WITH
24) WRIT PETITION NO. 15232/2023
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri S.S.Thombre, Adv for R/6.
WITH
25) WRIT PETITION NO. 15262/2023
Shri 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 5
Shri V.D. Hon Senior Adv i/by Shri A.V.Hon, Adv for R/7
Shri 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, 2025
Pronounced on : 09th April, 2025
*30* WP SELECT PROCESS
JUDGMENT (Per Prafulla S. Khubalkar, J.) :
–
1. Heard. Rule. Rule made returnable forthwith and
heard finally by the consent of the parties.
2. Heard learned senior advocate Shri R.N. Dhorde i/b
advocate Shri Pravin S. Dighe, learned senior advocate Shri P.R.
Katneshwarkar i/b advocate Shri Mahesh S. Bhosle and advocate
Shri C.V. Dharurkar for respective petitioners, and learned senior
advocate Shri V.D. Hon i/b advocate Shri A.V. Hon, advocate
Shri S.S. Thombre for the respondent Management in respective
petitions , advocate Shri V.P. Golewar alongwith advocate Shri A.
R. Joshi for the University in all the matters; and the learned
Government Pleader Shri A. B. Girase for the respondents/ State
Authorities in all the matters.
3. This bunch of petitions under Article 226 of the
Constitution, concerns the recruitment process conducted by the
Ahmednagar Zilla Maratha Vidya Prasarak Samaj (referred to as
“the Management”) for the post of Assistant Professors across 14
subjects in its senior colleges. Various petitioners have
challenged the recruitment process, raising distinct claims based
*31* WP SELECT PROCESS
on their individual grievances. The controversy primarily
revolves around alleged irregularities and illegalities that
occurred during the recruitment process, with some petitioners
seeking the cancellation of the entire process, while others, who
were selected, are demanding appointment orders.
4. Dealing with common challenges related to the
fairness and legality of the recruitment process, the petitions
have been consolidated and have been heard and are being
decided together. Writ Petition no.886/2024 is filed by the
unselected candidates, who have alleged gross irregularities and
illegalities in the recruitment process, and seek cancellation of
the entire selection process. Other 24 petitions, Writ Petition
No.14245/2023 with connected matters and Writ Petition no.
14788/2023 with connected matters, are by the selected
candidates, who claim fairness and transparency in the selection
process and pray for issuance of appointment orders.
Factual Matrix:
5. For the sake of convenience and brevity, the facts as
pleaded in Writ Petition no. 886 / 2024 narrating the sequence of
events, treating it as a lead petition for narrating facts, are briefly
*32* WP SELECT PROCESS
stated below :
(i) Respondent No.5 is a granted educational institution,
operating various colleges within the jurisdiction of
Ahmednagar District and its surrounding areas.
(ii) On 9th March 2023, Respondent No. 5 published an
advertisement in the daily newspapers Indian
Express and Loksatta, calling for applications to fill
47 posts of Assistant Professors’ across 14 subjects
in its senior colleges.
(iii) The petitioners, along with other candidates, applied
for the posts. A list of eligible candidates was
published which included the names of the
petitioners.
(iv) The eligible candidates, including the petitioners,
received call letters for interviews scheduled on July
7, 8, and 9, 2023.
(v) Total 2,978 candidates were found eligible for the
interview. The petitioners, along with other
candidates, appeared for their interviews on the
designated dates.
(vi) On July 10, 2023, the petitioners submitted a
complaint to the Secretary of Respondent No.5,
alleging multiple illegalities and requesting the
cancellation of the selection process. The specific
*33* WP SELECT PROCESS
allegations inter alia include:
1. The selection committees conducted
interviews without quorum and that common
committee members were not present for all
interviews, as required.
2. The interviews lasted only for one to two
minutes, and irrelevant questions were reportedly
asked.
3. Interview scores were recorded using pencils
instead of pens, compromising the integrity of the
process.
4. Illegal demands for money were made in
exchange by promising appointments.
(vii) On 10/07/2023, by a separate letter signed by the
Vice President, Joint Secretary, Treasurer and other
trustees and members of Managing Committee of
the Management, a compliant was submitted to
respondent No.3/ Director of Education, Pune and
respondent No.4/ Vice Chancellor of Pune
University, alleging several illegalities in the
recruitment process. This complaint also raised an
issue that the reports of selection committees were
belatedly forwarded although there was a mandatory
requirement of forwarding the reports on the same
day. By these letters, the above mentioned trustees
*34* WP SELECT PROCESS
also made a request for conduct of an enquiry into
whole affairs.
(viii) On 13/07/2023, the above mentioned trustees
submitted a letter to the Secretary of the
Management calling upon it not to issue any
appointment order in view of the gross illegalities in
the entire recruitment process.
(ix) On 13/07/2023, these trustees (14 persons including
Vice President, Joint Secretary, Trustees and other
members) moved a requisition of ‘no confidence
motion’ against the President of the Trust, viz. Mr.
Nandkumar G. Zaware.
(x) With respect to the illegalities in the recruitment
process, many other persons submitted separate
complaints addressed to the Secretary of the
Management of which copies were forwarded to
other Government officials, pointing out various
illegalities in the recruitment process including
demands of huge amounts of money for assured
appointments. The petitioners have filed on record
complaint dated 15/07/2023 submitted by one
Santosh Bhaskar Kokate alleging demand of
Rs.55,00,0000/- by Shri Rahul Zaware the son of the
earlier President Shri Nandkumar Zaware.
(xi) Another complaint dated 17/07/2023, submitted by
*35* WP SELECT PROCESS
26 candidates also alleged gross illegalities and
demands of huge amount of money. Similarly, a
complaint dated 19/07/2023 was submitted by Shri.
Namdeo Walhekar and a complaint dated
21/08/2023 was submitted by Jijabhau Sitaram
Ghule, all alleging illegal demands of money for
assured appointments.
(xii) Despite receipt of so many complaints, the
University sent e-mails to the Management,
through the Deputy Registrar of the University dated
03-08-2023 during 1.01 p.m. to 1.18 p.m.,
informing thereby that the documents of selection
committee which were uploaded online by the
Management, have been approved.
(xiii) On 24/08/2023, respondent No.4/University issued a
letter (Exhibit ‘M’) through the Deputy Registrar of
University conveying its opinion and informing the
Management that the decision to cancel the
recruitment process is in the domain of the
Management.
(xiv) On 28/08/2023, the officials of University submitted
a ‘Noting’ to the Vice Chancellor of the University
for grant of provisional approval to the appointments
pursuant to the recruitment process conducted by
Management. Pertinent to note that this ‘noting’
mentioned the subject as ‘for grant of approval to the
*36* WP SELECT PROCESS
appointments as Assistant Professors in the year
2023’. This noting also referred to a meeting of the
Executive Committee of respondent No.5
Management dated 04/08/2023 which had resolved
to cancel the entire recruitment process and appoint
fresh selection committee. It is also stated that in the
wake of alleged illegalities, a letter dated 24/08/2023
was issued by the University (referred above) and
accordingly, report of selection committee as
submitted by respondent No.5/ Management by
online mode was approved by the Vice Chancellor
w.e.f. 03/08/2023, which was intimated to the
Management by online mode.
6. The petitioners have filed on record the documents
of mark sheets of the interviews, as received by them from the
Management. These mention the marks of the candidates for
various subjects, which show blank spaces and overwritings of
marks at several places. The petitioners have stated that these
documents were supplied to them after a lot of correspondence
and persuasion with the Management. The original set of
documents received by the petitioners bearing original stamps of
the Management are also filed on record by the respondent/
*37* WP SELECT PROCESS
Management.
7. The petitioners have alleged that in view of the gross
illegalities and malpractices committed by respondent No.5 in the
entire recruitment process, the selections made pursuant to this
recruitment are all illegal and liable to be quashed and set aside.
The petitioners have, therefore, prayed that the entire selection
process be declared as illegal, arbitrary and violative of Articles
14 and 19(1)(g) of the Constitution of India. The petitioners also
challenge the letters (emails) dated 03/08/2023 and 28/08/2023
issued by the respondent University allegedly granting approval
to the documents of selection process and have prayed for
issuance of a fresh advertisement and for conducting a fresh
recruitment process.
8. In response to the petitions, respondent
No.4/University filed its affidavit-in-reply sworn by the Deputy
Registrar, Academic Section (Approval Unit) of the University.
By this short reply, the University has opposed the petition and
has simply stated that there were no irregularities in the entire
selection process conducted on 07.07.2023 to 09.07.2023, as
reported by the nominees of the Vice-Chancellor. By referring to
*38* WP SELECT PROCESS
Statute No.411(2), it is stated that the Management of the college
is the competent authority to take decision about cancellation of
the selection process or otherwise. By its additional affidavit, it is
stated that the reports of the selected candidates were received by
the University by both online and offline mode, which are placed
on record vide Exhibit R-1 collectively. It is stated that the
selection procedure was carried out on merits and the reports of
the selection committee have been correctly and appropriately
approved by the Vice Chancellor. On the basis of these
contentions, the petition was opposed.
9. The petitioners in WP no.886/2024 controverted
the stand of the respondents by rejoinder affidavit dated
13/12/2024 and firmly stated that despite there being a Circular
No.102/2023 dated 06/06/2023 issued by the University, the
reports of the selection committee were not sent on the same day,
which paved way for manipulation.
10. Apart from respondent No.4 University, no other
respondents have filed any reply affidavits in this petition (WP
no. 886 /2024).
11. Another group of petitions bearing Writ Petition
*39* WP SELECT PROCESS
No. 15245/2023 with connected matters, represented by
Senior Advocate P.R. Katneshwarkar, are filed by the selected
candidates seeking writ of mandamus to issue appointment
orders. The bone of contentions of these petitioners is that,
having been duly selected in the recruitment process, they are
entitled for issuance of appointment orders. They have contended
that a provisional approval was granted by Respondent No. 4
(University) on 28th August 2023 and accordingly, the
appointment orders need to be issued.
12. Respondent No.6/ Management, in its reply dated
21st February 2024 in WP no. 15245 / 2023, stated that the
petitioners were involved in corrupt practices and that the
selection process was not fair and transparent. Respondent No. 6
contended that the earlier President of the Management had
resigned amidst allegations of corruption, and the governing
council decided to cancel the entire recruitment process. The
Management asserted that the petitioner’s claim is invalid due to
the alleged corrupt practices surrounding the process, including
the solicitation of money from candidates through a cooperative
society dominated by the former President’s family. It is stated
*40* WP SELECT PROCESS
that before the President’s resignation on 10th August 2023, the
governing council decided to cancel the selection process entirely
by its decision dated 04.08.2023.
13. In the rejoinder affidavit dated 5th August 2024, the
petitioner from WP no.15245/2023 refuted the corruption
allegations and reiterated that the selection process was
conducted in accordance with Statute No. 415, with proper
approval from the competent authorities. The petitioner
contended that the decision to cancel the process is unlawful, and
he is entitled to an appointment order.
14. Respondent Nos.4 and 5 (the University) submitted
reply dated 25th September 2024, asserting that the selection
process was carried out according to statutory procedures and
approved by the Vice Chancellor. The University contends that
the Management retains the discretion to cancel the process, but
the decision must be in compliance with applicable statutes.
15. Respondent Nos.1 to 3 (State Government) filed
reply dated 15th July 2024, affirming that the Government had
issued a ‘No Objection Certificate’ for the recruitment process.
The Government’s nominee participated in the interview process,
*41* WP SELECT PROCESS
but it is emphasized that the decision to continue or cancel the
selection 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 in
Writ Petition No.14788/2023 and other connected petitions,
represented by Adv. C.V. Dharurkar for the petitioners in all
the petitions. All these petitions are filed by the candidates, who
claim to have been selected as Assistant Professors for different
subjects in the same selection process.
17. The petitioner in Writ Petition No.14788/2023 has
averred that he was eligible for the post of Assistant Professor
(Botany) and pursuant to the advertisement, he applied and was
called for interview. He has stated that his name was included in
the list of selected candidates. However, appointment order was
not issued to him and, therefore, he has filed the instant petition
claiming identical reliefs of directions to the respondent
Management 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 recruitment
process was conducted in compliance with the provisions of this
*42* WP SELECT PROCESS
statute and, therefore, he was entitled for issuance of
appointment order. Similar pleas are raised by other petitioners
regarding their respective subjects.
18. Pertinently, in response to the petition, the
respondent Management filed the affidavit in reply dated
27.02.2024. This affidavit is sworn in by Genuji Dagdoji
Khandeshe. By narrating sequence of events in the reply, it is
stated that since the candidate does not have an indefeasible right
to claim appointment and it is prerogative of the employer, the
petitioner cannot claim right of issuance of appointment order.
By taking such stand, the respondent Management opposed the
petitions.
19. In response to the reply filed by the respondent
Management, the petitioner has filed the rejoinder affidavit dated
09.07.2024 thereby, pointing out that the selection process was
conducted in accordance with the UGC regulations and by
complying with the provisions of relevant government
resolutions, particularly Government Resolution dated
08.03.2019.
20. In this writ petition, Civil Application No.1022/2024
*43* WP SELECT PROCESS
for intervention was filed by Dr. Dagdu Sakharam Talule and
seven others, who are the petitioners in Writ Petition
No.886/2024. They have made allegations about severe
illegalities in the entire recruitment process and reiterated their
contentions which are raised in their writ petition.
Submissions of respective Counsels
21. The learned senior advocate Shri R.N. Dhorde
appearing for the petitioners in Writ Petition No.886/2024 made
vehement submissions by pointing out grave illegalities and
arbitrariness in the entire selection process. He would submit
that in the wake of gross illegalities in the entire selection
process, the conduct of the University in considering documents
for grant of provisional approval to the appointments itself is
grossly illegal. He would submit that entire selection process
carried out by the Management as well as emails dated
03.08.2023 issued by the University, are illegal. He would also
submit that mere selection does not create any vested right in
favour of the candidates to claim any kind of appointment. In
support of his submissions, he would rely upon the following
case laws:-
*44* WP SELECT PROCESS
(a) Vishal Nandkumar Dhadvad and ors Vs Central
Bank of India, Mumbai and ors, 2015 SCC
Online Bom 3844.
(b) Jitendra Kumar and ors Vs State of Haryana and
anr, (2008) 2 SCC 161.
(c) Vijay Kumar Mishra and ors Vs High Court
Judicature at Patna and ors, (2016) 9 SCC 313.
22. These arguments were mainly controverted by the
learned advocate Shri Joshi appearing for the University. By
relying on its affidavit in reply dated 30.07.2024, he submitted
that the University has not observed any kind of irregularity in
the selection process. By inviting our attention to the definition
of ‘appointing authority’ under statute No.411(2), he submitted
that the Management of the college is the appointing authority
and competent authority to take decision about selection process
and it was in the domain of the Management to take further
decision about cancellation or continuation of selection process.
23. The learned senior advocate Shri P.R.
Katneshwarkar for the petitioners in Writ Petition
No.15245/2023 and other connected petitions of selected
*45* WP SELECT PROCESS
candidates, vehemently submitted that only on the basis of
allegations of irregularities by unselected candidates, the entire
selection process cannot be branded as illegal. He would submit
that the candidates have participated in selection process and the
selection process was carried out in a fair and transparent
manner. He would submit that the selected candidates cannot be
made scapegoat only because the unselected candidates were not
able to prove their merit. He would further submit that the
position of law is settled that if a candidate is not rejected at
threshold and is allowed to participate in selection process and
ultimately, his name figures in the merit list, then, he does have a
limited right of being accorded a fair and non discriminatory
treatment. He would submit that the selected candidates have a
reasonable expectation of being appointed having regard to their
position in merit list. In support of his submissions, he would
rely upon the following case laws:
(a) Smt. Shakuntalabai Premlal Bawane vs. State of
Maharashtra and others, WP/253/2004, Nagpur
Bench, 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 Vs
Shankuntala Shukla and ors., (2002) 6
Supreme Court Cases 127.
(e) Tajvir Singh Sodhi & ors Vs State of Jammu and
Kashmir & ors, 2023 LiveLaw (SC) 253.
(f) Shaik Mahboob John Vs The High Court of
Andhra Pradesh, WP No. 8648 of 2019 (Andhra
Pradesh 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 Ali
Sheikh and others, (2008) 4 Supreme Court
Cases 619.
(j) Chandra Prakash Tiwari and others Vs.
Shakuntala Shukla and others, (2002) 6 Supreme
Court Cases 127.
(k) Madan Lal and others Vs. State of J & K and
others, (1995) 3 Supreme Court Cases 486.
*47* WP SELECT PROCESS
(l) Sachin Kumar and others Vs. Delhi Subordinate
Service Selection Board (DSSSB) and others,
(2021) 4 Supreme Court Cases 631.
(m) Union of India Vs. Rajesh P.U., (2003) 7 Supreme
Court Cases 285.
24. Arguing for the petitioners in another group of
petitions including Writ Petition No.1477/2023 and others, the
learned advocate Shri C.V. Dharurkar adopted the arguments of
the learned senior advocate Shri Katneshwarkar and has
additionally submitted that the selected candidates although does
not have indefeasible right to be appointed, but have a fair
expectation of due consideration for issuance of appointment
order. In support of his submissions, he relied upon the following
case laws:
(a) Dr Basavaiah Vs H.L.Ramesh & ors, AIR SCW
5907 2010.
(b) Dr Babasaheb Ambedkar Memorial Chandrapur
Society, Nagpur Vs University and ors, 2005 (2)
Mh LJ 731.
(c) Shankarshan Dash Vs Union of India, AIR 1991
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SC 1612.
(d) Sajeesh Babu K Vs N.K.Santosh and ors, 2012
AIR SCW 6063.
(e) Dr Rajbir Singh Dalal Vs Chaudhari Devi Lal
University, Sirsa and anr, 2008 AIR SCW 5817.
(f) Ratnagiri Gas and Power Pvt Ltd. Vs RDS
Projects Ltd and ors, AIR 2013 SC 200.
25. Learned senior advocate Shri V.D. Hon, arguing on
behalf of the respondent Management in Writ Petition
No.14788/2023 and other connected petitions, submitted that the
Management has infact initiated the selection process by
obtaining prior approval from the University and in view of the
dire need to fill up vacancies, the process was carried further. He
vehemently submitted that the selected candidates cannot claim
to have any indefeasible right and in view of the decision of the
Management to cancel the entire recruitment process and to
conduct a fresh recruitment process, the writ petitions are liable
to be dismissed.
26. Advocate Shri S.S. Thombre, learned advocate for
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the Management in Writ Petition No.15245/2023 and other
connected petitions, submitted that earlier President had indulged
in serious illegalities in the entire selection process making the
process unfair and grossly illegal. He has submitted that in view
of illegalities in the selection process, entire selection process is
cancelled by the Management and the candidates claiming to
have been selected cannot claim any kind of right for
appointment. By adverting our attention to various complaints
submitted by the candidates and members/ trustees of the
Management, he would submit that entire selection process was
unfair and it is rightly cancelled. He would also submit that mere
selection does not confer any right in favour of selected
candidates and the petitioners are not entitled for any reliefs. In
support of his submissions, he would rely upon the following
case laws:
(a) Sachin Kumar and ors Vs Delhi Subordinate
Service Selection Board and ors, MANU/SC/
0145/2021.
(b) Ajay and ors Vs High Court of Judicature of
Bombay, MANU/MH/1986/2010.
(c) Union of India and ors Vs Kali Das Batish and
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ors, MANU/SC/0139/2006.
(d) Punjab State Electricity Board and ors Vs
Malkiat Singh, MANU/SC/0878/2004.
(e) Pawan Uttam Marg and ors Vs The State of
Maharashtra and anr, WP/6901/2021,
Aurangabad Bench.
(f) Vinod Fakira Marathe and ors Vs The State of
Maharashtra and ors, MANU/MH/1726/2024.
Area of Controversy:
27. In the light of the above mentioned factual
background, the crux of the controversy revolves around the
allegations of irregularities and illegalities in the recruitment
process. The petitioners–both selected and unselected– are
divided in their stance, with one group seeking the annulment of
the entire process, while the other seeks the enforcement of the
results. The Unselected Candidates’ Claims that the selection
process was marred by gross irregularities, including violations
of procedural fairness, lack of transparency, and possible
corruption. They seek the cancellation of the entire selection
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process as it allegedly failed to comply with the established
norms and statutory requirements governing such procedures.
Whereas the selected candidates maintain that the recruitment
process was conducted with due diligence and fairness, adhering
to all requisite legal and procedural norms. They argue that the
allegations raised by the unselected candidates are unfounded,
and therefore, the court should direct the issuance of appointment
orders 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 not
required to enter into the arena of disputed questions of facts
related to the allegations of demands of money or the entry of
marks by pencil etc. In the wake of the decision of the
management to cancel the entire selection proess, the primary
issue which falls for our consideraiton is whether the selected
candidates can claim and assert a right for seeking appointment
orders.
Consideration of the issue and controversy
29. After referring to the contentions of the parties in
their respective petitions and replies, let us now deal with the
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relevant facts and points on the basis of which the controversy
can be considered. Relevant undisputed facts necessary for
considering the issue in question are briefly stated thus:
The respondent Management published
advertisement dated 09.03.2023 after securing approval from the
University regarding publication of advertisement. This
advertisement was for filling up 47 posts of senior colleges in 14
subjects. Pursuant to the advertisement, interviews were
conducted on 07.07.2023, 08.07.2023 and 09.07.2023. With
respect 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 the
trustees of the Management including Vice President, Secretary,
Treasurer and other members made complaints dated 10.07.2023
and 13.07.2023 to the Deputy Director of Education and the
University. Despite these complaints being there on one side, the
University, on the other side, issued emails dated 03.08.2023
informing the Management that the documents of selection
committee uploaded online were approved. On 28.08.2023, the
letter was sent by the University to the Management which infact
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is the ‘noting’ for approval of the Vice Chancellor by the Deputy
Registrar and it contained the subject of grant of provisional
approvals to the appointments.
30. In the wake of the above mentioned events, the
decision of the respondent Management with respect to the entire
selection process becomes crucial. It may be seen that on
04.08.2023 itself, the Governing Council of the respondent
Management took a decision to cancel the entire selection
process and start it afresh. This was preceded by resignation of
earlier President of the Management against whom serious
allegations of malpractices were levelled by other members. As
such, entire selection process was not proceeded further and the
Management which came in power, did not issue any
appointment order to selected candidates.
31. In the above mentioned scenario, the crucial issue
which falls for our consideration is as to whether in view of
cancellation of the entire recruitment process, can the selected
candidates claim and assert a right of seeking appointment orders
as prayed by them in the petitions.
Another issue is as to whether, the Management,
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which has conducted the recruitment process upto the stage of
interview by indulging into serious malpractices including
demand of huge amount of money, can be allowed to simply do
away with the recruitment process after getting exposed.
32. In order to deal with the controversy, it is necessary
to have a look at the provisions of statute Nos.411(2) and (9) and
415(1) and (2) of the Statutes of the respondent University
formulated under Section 42 and/or Section 73 of the Poona
University Act, 1974, which are reproduced below:-
“Statute 411. The definitions given in the
Act and in the Statutes shall be applicable to
these Statutes, unless there is anything repugnant
in the subjects or context….”
“(2) “Appointing Authority” means the
authority competent to make appointments to the
different posts specified therein. The Appointing
Authority for the University/Colleges and
Institutions conducted by the University shall be
the Executive Council. The Appointing Authority
for the Affiliated College/Recognized Institution,
shall be the Management of the
College/Recognized Institution or the authority
constituted by the Management as per its
constitution.”
“(9) “Management” means a Body or a
Society or an Institution which has applied for
starting/running of a college or recognized
institution and which has been duly
started/recognized as such; and includes the
*55* WP SELECT PROCESSGoverning Body or the Managing Committee or
any other body by whatever name it is designated
which actually conducts.”
“Statute 415. Recruitment of Teachers of
Constituent and Affiliated Colleges/Recognized
Institutions.
1. There shall be Selection Committee
for making recommendations to the Management
for appointment of teachers.
Every Selection Committee shall
consist of:
(a) Chairman, Governing Body of the
College or/his Institution nominee from amongst
members of the Governing Body.
(b) A nominee of the Vice-Chancellor.
(c) One Expert to be nominated by the
Vice-Chancellor.
(d) One nominee of the Director of
Higher Education, not below the rank of Deputy
Director of Higher Education.
(e) Principal of the College/Head of the
Recognized Institution.
(f) Head of the concerned Department
of the College/Institution.
(g) If the post is reserved one, the Vice
Chancellor shall nominate one additional
member, belonging to Scheduled Caste or
Scheduled Tribe or Denotified or Nomedic Tribe
who should preferably an expert on the subject.
2. Procedure:
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(a) All posts of the teachers shall be
widely advertised with particulars of minimum
and other qualifications, if any, and emoluments.
Reasonable time shall be allowed to applicants,
to submit their applications.
(b) The date of the meeting of the
Selection Committee shall be so fixed as to allow
the notice of fifteen days to each member and to
the candidates. The particulars of each candidate
called for interview; in consultation with the
Head of the Department/Principal of the College,
Head of the Recognized Institution, shall be
supplied to each member, so as to reach him
seven days before the date of the meeting.
(c) The quorum to constitute a meeting
of the Selection Committee shall be four members
of whom, one being an expert nominated by the
University.
(d) The Selection Committee shall
interview and adjudge the merits of each
candidate in accordance with the qualifications
advertised, and report to the Competent Authority
the names arranged in order of merits giving
reasons for the order of preference. If no person is
selected a report to that effect be made. The
Committee may recommend only one name if
others are not found suitable.
(e) The Competent Authority, with the
approval of the Vice-Chancellor, shall appoint
from amongst the persons so recommended the
number of persons required to fill in the posts.
Provided that where the Appointing
Authority proposes to make an appointment
otherwise than in accordance with the order of
merit arranged by the Selection Committee, it
shall record its reasons in writing and refer back
to the matter to the Selection Committee for
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reconsideration within fifteen days from the date
of report. Thereafter the decision of the
Competent Authority, if approved by the Vice-
Chancellor, shall be final.”
33. It is also necessary to take note of circular
Nos.102/2023 dated 06.06.2023 and 182/2023 dated 11.08.2023
issued by the University, which deal with the requirement of
timely submission of reports of the selection committee. Circular
No.102/2023 provides that the entire record of the recruitment
process including the reports of the selection committee with
documents of educational qualifications and experience of the
candidates has to be submitted by Online mode on the same day
of the meeting of the selection committee and the print outs of
these documents to be submitted immediately. Circular no. 182 /
2023 dated 11/08/2023 provides modification to the circular
dated 102/2023 and requires the record to be submitted online
within 48 hours and by offline mode within 72 hours.
Analysis of Factual and Legal aspects
34. Considering the factual aspects emerging from the
record, for the purpose of deciding the entitlement of the
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petitioners for the writs prayed for, following crucial aspects may
be noted:
34.1 The documents on record do not show compliance
of procedure as per Statute 415, in that the selection committee
although was constituted on paper, in view of the schedule of
interview being spread over only three days ( 7, 8 and 9 July
2023), for conducting interviews for 14 different subjects, it is
beyond comprehension that the members of the selection
committee, particularity the same nominees of the University and
the Government could attend each of the personal interviews.
34.2 Crucial to note, the Secretary of the Management
had issued a letter dated 11.07.2023 to the Deputy Registrar of
the University thereby, informing that the interviews for the post
of Assistant Professors were conducted on 07 th, 08th and 09th July,
2023, for which 934 candidates had appeared and although the
reports of the Selection Committee were required to be
forwarded by online mode to the University, the same could not
be forwarded within 24 hours from completion of the interviews,
since the Subject Experts had left the premises. This letter at
Exhibit M in Writ Petition No.15245/2023 filed by the
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Management along with their reply affidavit clearly establishes
that the online reports were not at all submitted ‘on the same day’
despite clear mandate of the circular No.102/ 2023. This conduct
of the Management of failure to forward the reports of the
selection committee to the University on the same day, on
unacceptable excuses, establishes lack of transparency and lack
of fairness.
34.3 In view of the record of selection committee as filed
in Writ petition no. 886/2024, it clearly shows that the conduct of
interviews was a farce. The interviews were conducted without
there being quorum. The records of the selection committees
show over-writings and manipulations including number of blank
spaces and writing of marks by pencils.
34.4 Apart from this, the allegations of demands of
money, evident from complaints dated 10th July 2023 (Exhibit F
in WP No.886/2024), although disputed questions of facts, are
not worth ignoring in view of the allegations being also levelled
by 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
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was submitted by online mode after 11.07.2023. This can be seen
from email dated 11.07.2023 at 05:31 pm and email dated
14.07.2023 expressing inability to upload documents due to
technical glitches. The Deputy Registrar of the University has
approved the uploading of the documents by email dated
03.08.2023, which cannot constitute final approval to the reports
of the selection committee. Further, taking note of the decision of
the Management to cancel the entire recruitment process vide
resolution dated 04.08.2023, the Deputy Registrar of the
University had prepared a ‘noting’ dated 28.08.2023 (exhibit M-3
in W.P. No.886/2024) which was submitted to the Pro-Vice
Chancellor who had approved the remark of the Deputy
Registrar, thereby recognizing the authority of the Management
to take a decision about cancellation or continuation of the
selection process. The ‘noting’ refers to the earlier letter dated
24.08.2023 issued by the University to the Management
recognizing the domain of the Management to take decision
about continuation or cancellation of the selection process. This
‘noting’ is referred to as a document of provisional approval by
the selected candidates. By referring to statute No.411(2) of the
University, the University has confirmed their stand by reply
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affidavit dated 30.07.2024 in Writ Petition No.886/2024, about
endorsing the decision of the Management to cancel the selection
process.
34.6 Thus, in view of the blatant illegalities in the
selection process the entire selection process is vitiated. Further,
in view of the cancellation of the selection process by the
Management no rights are created in favour of any of the
candidates.
35. The propositions of law emerging from the
judgments relied upon by the respective parties are not at all
disputed. The position of law is settled that mere selection does
not confer any vested right in favour of the candidates to claim
appointment. Further, the position of law is also fairly settled
that a selected candidate does have a limited right of being
accorded a fair and non discriminatory treatment. Further, the
selected candidates although do not have indefeasible right to be
appointed, but have a fair expectation of due consideration for
issuance of appointment order. However, the controversy
involved in the instant matters mainly revolves upon the factual
aspects related to the gross irregularities and illegalities stated
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above. In view of our pertinent inferences about the selection
process being vitiated, the entitlement of the petitioners for
claiming writ of mandamus has to be considered in proper
perspective.
36. Our view is fortified by the latest pronouncement of
the Hon’ble Supreme Court in the matter of State of West
Bengal 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 while
to note that the Supreme Court was dealing with the controversy
with respect to selection process conducted by the West Bengal
Central School Service Commission for recruitment of non
teaching staff in groups C and D and Assistant Teachers for
classes IX to XII. The appellants before the Supreme Court
included candidates who were selected and appointed for over a
period of five years prior thereto. The candidates included
selectees with purported evidence and material indicating wrong
doings and other selectees who claimed that they were validly
selected and were not involved in any wrong doings. This was an
appeal challenging the judgment of the Calcutta High Court
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dated 22.04.2024 en bloc setting aside the 2016 selection
process. While deciding similar nature of controversy as
involved in the instant petitions, the Supreme Court has upheld
the judgment of the Calcutta High Court cancelling en bloc /
entire selection process. The relevant paragraph mentioning the
principles emerged, on consideration of all the landmark
judgments, is reproduced below:
“19. The following principles emerge
from the aforesaid discussion:
When an in-depth factual inquiry
reveals systemic irregularities, such as malaise
or fraud, that undermine the integrity of the
entire selection process, the result should be
cancelled in its entirety. However, if and when
possible, segregation of tainted and untainted
candidates should be done in consonance with
fairness and equity.
The decision to cancel the
selection en masse must be based on the
satisfaction derived from sufficient material
collected through a fair and thorough
investigation. It is not necessary for the
material collected to conclusively prove
malpractice beyond a reasonable doubt. The
standard of evidence should be reasonable
certainty of systemic malaise. The probability
test is applicable.
Despite the inconvenience caused
to untainted candidates, when broad and deep
manipulation 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 may
not be necessary in all cases for pratical
reasons when the facts establish that the entire
selection process is vitiated with illegalities at
a large scale.”
37. Thus, considering the above mentioned factual and
legal aspects, we find that the entire recruitment process was
marred by gross illegalities and violation of procedural fairness.
In the wake of gross irregularities and illegalities of such
magnitude, it is impossible to segregate the tainted selections
from the untainted selections and thus the entire selection process
gets vitiated. We find that there is substance in the submissions
of the unselected candidates, however, in view of the decision of
the Management to cancel the selection process, no effective
relief is required to be granted in Writ Petition No.886/2024.
38. On the other hand, in the light of cancellation of the
entire recruitment process, the claims of the selected candidates
for issuance of appointment orders become absolutely untenable.
It is settled position of law that mere inclusion of name in select
list does not confer any vested right to the candidates for getting
appointed. Pertinently, by resolution dated 04-08-2023, the
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management which is the appointing authority has itself
cancelled the recruitment process terming it to be grossly illegal
and, therefore, the selected candidates cannot assert any right for
appointment orders. True it is, the management has to be blamed
for the distressful plight of the candidates who were selected,
however, no writ can be issued directing the Management to
issue appointment orders. We are of the considered view that the
candidates claiming to be selected seeking appointments i.e. the
petitioners in Writ Petition no.15245 2023 with connected
matters and Writ Petition no.14788/2023 with connected matters,
are not entitled for any reliefs.
39. In the instant matter the entire conduct of the
Management in holding the recruitment process, indulging in
various kinds of irregularities and illegalities and ultimately
cancelling the selection process on its own, needs to be dealt
with stern hands. In view of the above mentioned inferences and
conclusions drawn by us, we are of the firm view that the
conduct of the Management has been riddled with lot of
aberrations. The entire conduct of the Management is absolutely
shorn of bonafides. We are of the firm view that the Management
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of Ahmednagar Zila Maratha Vidya Prasarak Samaj,
Ahmednagar should be saddled with costs, which are quantified
at Rs.1,00,000/- (Rupees One lac).
40. Hence, on consideration of the above mentioned
factual 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, 15232/2023
and 15262/2023, are dismissed.
(b) Writ Petition No.886/2024 (Dr. Dagadu Sakharam
Talule and others vs. The State of Maharashtra and others) is
disposed of.
(c) The Ahmednagar Zila Maratha Vidya Prasarak
Samaj Ahmednagar (respondent no.5 in WP no. 886 / 2024) is
directed to deposit an amount of Rs.1,00,000/- (Rupees One lac)
towards costs, in the registry of this Court within a period of four
weeks 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 Petition
No.14788/2023 is disposed of.
(e) The original mark sheets placed on record by the
Management, which are re-sealed as per the order dated
03.01.2025, be returned to respondent No.5 Management.
41. Rule is discharged in the above terms.
42. After pronouncement, the learned advocates for the
petitioners from the writ petitions which are being dismissed,
seek extension of the ad interim relief to enable the petitioners to
approach the Supreme Court.
43. In the light of the fact that we have approved the
decision of the Management to cancel the recruitment process in
its entirety, there is no propriety in continuing the ad interim
relief.
44. The request is rejected.
(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.)
[Kalyan Sangvikar, PS]
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