The court held that gross irregularities in a recruitment process invalidate the entire selection, and mere selection does not confer a right to appointment.

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 basedon 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 brieflystated 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 July7, 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 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/ Directo