The court's decision balanced the need to proceed with the recruitment process with the appellants' request for interim protection, ultimately allowing the recruitment to continue but subject to the final outcome of the special appeals.

JUDGMENT

1. Registry is directed to connect these cases together. Learned counsel for the respondent Mr.MF Beg intends to file additional affidavit and copy of the same will be supplied to learned counsel for the appellants.

2. Learned counsel for the appellants Dr.Abhinav Sharma submits that after the order dated 25 th May, 2022, was passed by learned Single Judge, the respondents are proceeding ahead in finalizing the recruitment process and they have also declared the result of interview.

3. Learned counsel for the appellants submitted that interim protection may be given by this Court.

4. Learned counsel for the appellants submitted that process of recruitment, which is being finalized by the respondents, may be stayed by this Court.

5. Learned counsel further submitted that if no interim order would be passed by this Court, the appellants would suffer irreparable loss.

6. Learned Advocate General Mr.MS Singhvi submitted that learned Single Judge has given its findings on the basis of law, declared by the Apex Court, wherein scaling has been permitted in recruitment process, if there is variations of marks in different optional subjects.

7. Learned Advocate General further submitted that the recruitment process, in the present case, started on 4 th April, 2018 and more than four years have passed and recruitment has not been made so far because of the interim order passed during pendency of the writ petition.

8. Learned Advocate General further submitted that the appellants do not have any crystallized right to claim appointment.

9. We have considered the submissions made by learned counsel for the parties.

10. This Court finds that these special appeals are required to be decided finally at this stage, as the matter relates to recruitment on various posts.

11. Accordingly, this Court, as an interim measure, directs that the respondents would be free to proceed with the recruitment process by completing it by offering appointment to the selected candidates. The appointment of any candidate, in pursuance of the advertisement dated 4th April, 2018, will be subject to final outcome of the special appeals. The appointment order will contain a clause that the matter is sub-judice before the Division Bench. DBSAW No.718/2022 The matter comes up on an application No.1/22, filed under Order 41 Rule 27 CPC for taking additional documents on record.

12. This Court, considering the averments made in the application, allows the same subject to just and valid objection to be raised by the respondents at the time of hearing.

13. The documents, enclosed along with the application, are ordered to be taken on record.

14. Let these cases be listed on 11th July, 2022.