ssp 1 WP 9904 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9904 of 2010 Nitin Shantaram Mohite and Ors. .....Petitioners versus The State of Maharashtra and Anr. ..... Respondents Mr.Sanskar Marathe, for the petitioners. Mr.V.D.Patil, GP, for the respondent No.1 Mr.Kiran Gandhi i/by Little & Co., for respondent No.4. CORAM: P.B.MAJMUDAR& A.A.SAYED, JJ. DATE: 11th JANUARY, 2011. P.C. : 1. Notice is made returnable today. With the consent of the learned Advocates, the writ petition is taken up for final disposal. 2. Learned counsel for the petitioner seeks leave of the Court to delete respondent Nos.2 and 3 from the array of parties. Permission to delete respondent Nos.2 and 3 is granted. 3. Learned counsel for the petitioners states that he is not challenging the appointments which are already made and have not joined the candidates who have selected, no relief can be given in cancelling the appointment of the candidates. Under these facts and circumstances, the present order is passed. 4. The grievance of the petitioners is that even though they ssp 2 WP 9904 of 2010 had given correct answer, but because of wrong answer key, the correct answer was treated as wrong answer. This Court has passed a detailed order on 21-12-2010. The Chairman of respondent No.2 was present before this Court on the last occasion and stated that appropriate care will be taken in this behalf and such things will not be repeated in future. 5. Learned counsel for respondent No.2 states that on the basis of eligibility criterion, the case of the petitioners shall be considered by giving additional marks to the concerned petitioners in connection with the answers given by the petitioners and on that basis, the eligible candidates who are entitled to get their names enrolled in the select list, their names shall be included in the select list as per the eligibility criterion. He states that the additional select list will be prepared in the light of what is stated above and the same shall be forwarded to the State Government immediately in any case within a period of one week from today. On receiving the same, the State Government shall pass appropriate order treating such candidates to be eligible for appointment and as and when vacancy arises, steps should be taken for appointing them in the concerned schools. The learned AGP states that he will communicate this order to the State Government forthwith. 6. The eligibility is to be considered by the respondent No.2 after adding necessary marks in favour of the concerned petitioners and on ssp 3 WP 9904 of 2010 that basis, the eligibility should be fixed and thereafter, list of the eligible candidates should be forwarded to the State Government. It is however, clarified that this order should not be treated as a precedent in any case and this order is passed on clear understanding of the learned counsel for the petitioners that they are not asking/disturbing the appointments which are already made or the select list which is already prepared by the Department. It is also clarified that we have entertained the above petitions as the petitioners have approached this Court moment the select list is prepared. The names of the concerned petitioners to be shown in the select list at an appropriate place as per the marks obtained by them. 7. In view of what is stated above, the writ petition is disposed of. ( A.A.SAYED, J. ) ( P.B.MAJMUDAR, J. )