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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MANGESH S. PATIL, PRAFULLA S. KHUBALKAR, JJ
Dagadu Sakharam Talule – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
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 on their individual grievances. The controversy primarily revolves around alleged irregularities and illegal
The court affirmed that mere selection does not confer a vested right to appointment, especially when the recruitment process is marred by gross irregularities.
The court held that gross irregularities in a recruitment process invalidate the entire selection, and mere selection does not confer a right to appointment.
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
A candidate cannot challenge a selection process after participating and being unsuccessful; such claims are barred by the doctrine of estoppel.
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