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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:

12. Respondent No.6/ Management, in its reply dated 21st February 2024 in WP no. 15245 / 2023, stated that the petitioners were involved in corrupt practices and that the selection process was not fair and transparent. Respondent No. 6 contended that the earlier President of the Management had resigned amidst allegations of corruption, and the governing council decided to cancel the entire recruitment process. The Management asserted that the petitioner's claim is invalid due to the alleged corrupt practices surrounding the process, including the solicitation of money from candidates through a cooperative society dominated by the former President's family. It is stated *40* WP SELECT PROCESS that before the President's resignation on 10th August 2023, the governing council decided to cancel the selection process entirely by its decision dated 04.08.2023.

23. The learned senior advocate Shri P.R. Katneshwarkar for the petitioners in Writ Petition No.15245/2023 and other connected petitions of selected *45* WP SELECT PROCESS candidates, vehemently submitted that only on the basis of allegations of irregularities by unselected candidates, the entire selection process cannot be branded as illegal. He would submit that the candidates have participated in selection process and the selection process was carried out in a fair and transparent manner. He would submit that the selected candidates cannot be made scapegoat only because the unselected candidates were not able to prove their merit. He would further submit that the position of law is settled that if a candidate is not rejected at threshold and is allowed to participate in selection process and ultimately, his name figures in the merit list, then, he does have a limited right of being accorded a fair and non discriminatory treatment. He would submit that the selected candidates have a reasonable expectation of being appointed having regard to their position in merit list. In support of his submissions, he would rely upon the following case laws:

(e) Pawan Uttam Marg and ors Vs The State of Maharashtra and anr, WP/6901/2021, Aurangabad Bench.
(f) Vinod Fakira Marathe and ors Vs The State of Maharashtra and ors, MANU/MH/1726/2024.

Area of Controversy:

27. In the light of the above mentioned factual background, the crux of the controversy revolves around the allegations of irregularities and illegalities in the recruitment process. The petitioners--both selected and unselected-- are divided in their stance, with one group seeking the annulment of the entire process, while the other seeks the enforcement of the results. The Unselected Candidates' Claims that the selection process was marred by gross irregularities, including violations of procedural fairness, lack of transparency, and possible corruption. They seek the cancellation of the entire selection *51* WP SELECT PROCESS process as it allegedly failed to comply with the established norms and statutory requirements governing such procedures. Whereas the selected candidates maintain that the recruitment process was conducted with due diligence and fairness, adhering to all requisite legal and procedural norms. They argue that the allegations raised by the unselected candidates are unfounded, and therefore, the court should direct the issuance of appointment orders based on the merit-based selection process.