The main legal point established in the judgment is that altering the marking scheme after the exams were concluded is impermissible and can impact the fairness of the selection process.

JUDGMENT

1. By this petition, the petitioners have put forth prayer clauses "B", "C" and "D" as under :-

"B] To quash and set aside the final selection list prepared by the respondents (Exhibit-F) by issuing appropriate writ, order, direction as the case may be.

C] To hold and declare that the selection process carried out by the respondents is contrary to Government Resolution dtd. 1/12/2018 and advertisement dtd. 31/10/2018 and is illegal by issuing appropriate writ, order, direction as the case may be.

C] To direct the respondents to prepare the proper fresh selection list by allotting proper marks as per the Government Resolution dtd. 1/12/2018 and advertisement dtd. 31/10/2018 and issue appointment orders of respective post in favour of petitioners holding that the petitioners are the qualified candidate. By issuing appropriate writ, order or direction as the case may be."

2. This Court (Coram : S.V. Gangapurwala and Shrikant D. Kulkarni, JJ.) had issued notice after considering the submissions of the learned Advocate for the petitioners, vide order dtd. 28/1/2021, which reads thus :-

"1. The allotment of marks for the work experience based on duration of service rendered is assailed on the ground that marks cannot be allotted as 09-13. If the experience is of 10 years or more than 10 years, 15 marks are to be allotted. For experience of 8 to 9 years 12 marks, for experience of 6 to 7 years, 8 marks and for experience of 5 years, 5 marks are to be allotted. The marks allotted are not in tune with the same.

2. Notice to respondents. The learned AGP waives the notice for respondents and seeks time.

3. Stand over to 18/02/2021."

3. We have considered the strenuous submissions of the learned advocate for the petitioners and the learned AGP on behalf of the respondents.

4. The issue before us, is as to whether, for any reasons whatsoever and in the absence of any ambiguity, an authority conducting recruitment exams, can alter the marking scheme under the head "Experience", after the exams are over and the fate of the examinees is closed for preparation and announcement of the results of the exams.

5. There is no dispute as regards the qualifications of these petitioners and the fact that they belonging to 'Bhill Tribe', which is recognized as Scheduled Tribe in the State of Maharashtra. Petitioner No. 1 is M.A. B.Ed with SET. Petitioner No. 2 is M.Sc. B.Ed. Petitioner No. 3 is D.Ed. M.A. M. Ed. And TET.

6. The Tribal Development Department, Government of Maharashtra issued a Government Resolution dtd. 1/12/2018 for implementing a special recruitment process/ drive for appointing teaching and non-teaching staff in Tribal Ashram Schools and hostels. There are about 502 Government Ashram Schools with 491 Hostels. About two lakhs students take education in the Tribal Ashram Schools. This was a special drive.

7. Vide the Government Resolution dtd. 1/12/2018, approval was granted to implement a special recruitment process for appointment of Primary Teachers, Secondary Teachers, Higher Secondary Teachers, Superintendents, Librarians and Lab Assistants. The said Government Resolution specifically provides for granting marks to those candidates who are already in employment on the basis of their experience in service. For ready reference, we are reproducing the marks Scheme hereunder, as this is the only grievance raised in this petition :-

(a) 10 years and more experience - 15 marks.

(b) 8 to 9 years of experience - 12 marks.

(c) 6 to 7 years of experience - 08 marks.

(d) 5 marks of experience - 05 marks.

8. The undisputed factors are as under :-

a) The special recruitment drive Government Resolution is dtd. 01/12/2018.

b) The advertisement is dtd. 08/12/2018.

c) The written exams were held on 17/02/2019.

d) The change in marks scheme was introduced after the exams, vide Government Resolution dtd. 08/03/2019.

e) The results were declared on 18/03/2019.

9. The fate of the examinees was closed for preparation and declaration of their results. The marks