JUDGMENT :

Akil Kureshi, J.

These petitions involve identical challenge arising in similar factual background. They have been heard together and would be disposed of by this common judgment.

2. For convenience, we may refer to the facts from Writ Petition No. 2932 of 2018.

3. The petitioners have challenged an order dated 20.8.2018 passed by Legislative Council Board (hereinafter referred to as "the Board") which comprises of the Hon'ble Chairman, Maharashtra Legislative Council and Hon'ble Speaker, Maharashtra Legislative Assembly i.e Respondent Nos. 2 and 3 respectively. By the said order, the Board accepted representation of respondent No. 4 - Jitendra Bhole dated 19.10.2016 and rejected representations of the petitioners opposing the request of respondent No. 4 to grant him seniority over the petitioners from the inception of their services. The petitioners have made consequential challenge to the revised seniority list dated 5.9.2018 showing respondent No. 4 senior to the petitioners in the cadre of Section Officer. We may record that in Writ Petition (L) No. 3405 of 2015, the petitioner has prayed for certain additional prayers with respect to adverse remarks etc. However, at the outset, we had made it clear that in the present proceedings, we would focus only on legality of the impugned order dated 20.8.2018 passed by the Board and action of the respondents pursuant thereto. Learned counsel for the petitioners had, therefore, asked for and was granted liberty to raise other issues in independent proceedings, if so advised.

4. Brief facts are as under:-

(1) Respondent No. 1 - Maharashtra Legislature Secretariat issued a circular dated 1.4.1999 inviting applications through Employment Exchange from qualified candidates for four posts of Section Officers. One of these posts was for Schedule Caste and the remaining three posts were general category posts.

(2) Written examination for the posts in question was conducted on 8.9.1999. The petitioners of Writ Petition No. 2932 of 2018 Meghana Dilip Talekar and Shivdarshan Sathye and the petitioner of Writ Petition (L) No. 3405 of 2018 Vilas Athawale as well as respondent No. 4 Jitendra Bhole all appeared in the said written examination. Along with them, 107 candidates in all appeared in the said examination.

(3) 19 out of these 107 candidates including all the petitioners and respondent No. 4 secured 40 or more marks in written examination which was the minimum cut off prescribed for being eligible for oral interview. During such examination, following candidates were awarded marks as indicated below:-

(4) The oral interviews were conducted on 21.2.2000 when all the petitioners and respondent No. 4 appeared before the Interview Committee.

(5) On 30.3.2000, the recommendations were made for appointment of one Dilip Ramkrishna Talekar in Open Category and Vilas Athawale against Scheduled caste vacancy to the post of Section Officer. Appointment orders were issued in their favour on 30.3.2000. These candidates resumed charge on 10.4.2000 and 3.4.2000 respectively.

(6) On 9.6.2000, further recommendations were made for appointment of Meghana Itkelwar/Talekar and Shivdarshan Sathye for appointment to the post of Section Officers. In the said recommendation, it was also noted that Mr. Jitendra Bhole - Respondent No. 4 belongs to 'OBC' category, however, presently, there is no post available for him. It was, therefore, recommended that as soon as the post b