JUDGMENT :

(Sandeep V. Marne J.):-

1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. By these petitions, petitioners challenge the Order dated 20th December, 2022 passed by the Maharashtra Administrative Tribunal, Mumbai (Tribunal) in Original Application Nos.775 of 2022, 776 of 2022, 777 of 2022, 778 of 2022, 779 of 2022, 793 of 2022, 796 of 2022 & 830 of 2022 by which the Tribunal has proceeded to recall its earlier Judgment and Order dated 11th April, 2022 passed in Original Application Nos. 144 of 2022, 145 of 2022, 146 of 2022, 167 of 2022, 203 of 2022, 300 of 2022, 301 of 2022, 321 of 2022. The petitioners also challenge common Order dated 22nd December, 2022 passed in both sets of Original Applications (OA No.775/2022 & other connected OAs and OA No.144 of 2022 & other connected OAs) to a larger Bench.

3. Brief facts of the case are that the recruitment process for the post of Police Constable (Driver) was initiated by the Additional Director General of Police, (M.S), Mumbai vide Advertisement dated 30th November, 2019. The recruitment process was apparently to be conducted in respect of the separate Units/Districts. The Applicants in Original Application No.144 of 2022 & other connected OAs filled up forms in respect of multiple Units/Districts and also appeared for multiple examinations. Though their names were included in the merit list, the same were subsequently deleted from the revised merit list for the reason of their participation in selection process in more than one Unit/District. Challenging deletion of their names from the revised merit list, Original Application Nos.144 of 2022, 145 of 2022, 146 of 2022, 167 of 2022, 203 of 2022, 300 of 2022, 301 of 2022, 321 of 2022 were instituted by such candidates before the Tribunal. In those Original Applications, though relief was sought for inclusion of their names in the merit list and consequential appointment to the post of Police Constable (Driver), the candidates that were likely to be affected by grant of such reliefs were not impleaded as parties to those Original Applications.

4. The Tribunal proceeded to allow Original Application No.144 of 2022 & ors, by common judgment and order dated 11th April, 2022 directing consideration of candidature of applicants therein in further process of selection by setting aside deletion of their names from the merit list.

5. The State Government proceeded to implement the Tribunal’s judgment and order dated 11th April, 2022 and it appears that, names of some of the candidates got deleted from the merit list and orders terminating them from service came to be issued. This led to filing of Original Application Nos. 775 of 2022, 776 of 2022, 777 of 2022, 778 of 2022, 779 of 2022, 793 of 2022, 796 of 2022 & 830 of 2022. During the course of hearing of those OAs, the Tribunal noticed that implementation of its Judgment and order dated 11th April, 2022 passed in OA No.144 of 2022 & ors, was the reason for termination of services of the applicants in OA No.775 of 2022 & ors. The Tribunal therefore proceeded to pass Order dated 20th December, 2022 recalling its Judgment and order dated 11th April, 2022 passed in OA No.144 of 2022 & ors and restored all those Original Applications on its file.

6. The Tribunal thereafter took up both sets of Original Applications (OA Nos.144 of 2022 & ors and OA Nos. 775 of 2022 & ors) for hearing on 22nd December, 2022 and proceeded to refer all Original Applications for decision to a larger Bench of three learned Members.

7. The petitioners in the present petitions are aggrieved by Orders dated 20th December, 2022 and 22nd December, 2022 passed by the Tribunal.

8. Appearing for the petitioners, Mr. Dere and Mr. Deshmukh, the learned counsels would submit that while hearing OA No.775 of 2022 & ors, the Tribunal had no occasion to decide the issue of validity of its Judgment and order dated 11th April, 2022 passed in OA No.144 of 2022 & ors. It is further su