1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6687 OF 2005 1. Anand Janardan Vaidya and others .. .. Petitioners Versus 1. The Bank of Maharashtra, Through its Chairman/ Managing Director and another .. .. Respondents Shri Vijay Dixit, Senior Advocate instructed by Shri S. P. Katneshwarkar, Advocate for the Petitioners. Shri A. R. Joshi, Advocate for the Respondent No. 1 and 2. CORAM : NARESH H. PATIL & N. D. DESHPANDE, JJ. DATE : 16TH JULY, 2009. ORAL ORDER [PER NARESH H. PATIL, J.] : 01. Heard. 02. The learned senior counsel Shri Vijay Dixit submits that 2 allocation of 25 per cent marks out of 100 in viva is against the process of selection of candidates on merits. The petitioners obtained more marks in the written examination, than the candidates who were selected. Therefore, petitioners shall be considered for the appointment, even without disturbing the selected candidates by re- adjusting the merits of the candidates. 03. Affidavit in reply is filed by the respondents/Bank. Learned counsel for the respondents/Bank Shri Joshi urges that memorandum of settlement of promotion of clerical cadre to officer cadre in Junior Management Cadre Grade-I was arrived at Mumbai between the Management of Bank of Maharashtra and representatives of All India Bank of Maharashtra Employees' Federation. The scheme of promoting selected candidate for promotion was envisaged under the settlement Clause 9.2 of the scheme, which refers to the method and manner of allocation of marks. The counsel submits that petitioners participated in the selection process without raising the objection in respect of the process. The counsel for the petitioners failed to made out case of malafides. 04. We have considered the submissions advanced by the learned counsel for the parties and memorandum of settlement. We find that petitioners have failed to raise their objection prior to selection 3 process. They have raised the issue after participating in the selection process. 05. Considering stand of respondents, we do not find at this stage the issue requires to be looked into, as selection process was already over and the candidates are already appointed. No case is made out. Petition is dismissed. [ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/July 09