"Party Autonomy is the Backbone of Arbitration: Bombay High Court Upholds Sole Arbitrator Appointment Despite Party’s Attempts to Frustrate Arbitration Proceedings    |     Reasonable Doubt Arising from Sole Testimony in Absence of Corroboration, Power Cut Compounded Identification Difficulties: Supreme Court Acquits Appellants in Murder Case    |     ED Can Investigate Without FIRs: PH High Court Affirms PMLA’s Broad Powers    |     Accident Claim | Contributory Negligence Cannot Be Vicariously Attributed to Passengers: Supreme Court    |     Default Bail | Indefeasible Right to Bail Prevails: Allahabad High Court Faults Special Judge for Delayed Extension of Investigation    |     “Habitual Offenders Cannot Satisfy Bail Conditions Under NDPS Act”: Punjab & Haryana High Court Denies Bail to Accused with Extensive Criminal Record    |     Delhi High Court Denies Substitution for Son Due to 'Gross Unexplained Delay' of Over Six Years in Trademark Suit    |     Section 4B of the Tenancy Act Cannot Override Land Exemptions for Public Development: Bombay High Court    |     Suspicion, However High, Is Not a Substitute for Proof: Calcutta High Court Orders Reinstatement of Coast Guard Officer Dismissed on Suspicion of Forgery    |     Age Not Conclusively Proven, Prosecutrix Found to be a Consenting Party: Chhattisgarh High Court Acquits Accused in POCSO Case    |     'Company's Absence in Prosecution Renders Case Void': Himachal High Court Quashes Complaint Against Pharma Directors    |     Preventive Detention Cannot Sacrifice Personal Liberty on Mere Allegations: J&K High Court Quashes Preventive Detention of Local Journalist    |     J.J. Act | Accused's Age at Offense Critical - Juvenility Must Be Addressed: Kerala High Court Directs Special Court to Reframe Charges in POCSO Case    |     Foreign Laws Must Be Proved Like Facts: Delhi HC Grants Bail in Cryptocurrency Money Laundering Case    |    

Matter selection process for Shiksha Karmi Grade-III - Selection Process Vitiated by Bias; Doctrine of Natural Justice Not Rigidly Applied: Divergent View: Supreme Court

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Supreme Court of India addressed the issues of bias in selection procedures and the application of principles of natural justice in the case of Krishnadatt Awasthy vs. State of Madhya Pradesh & Ors.

 

The Court examined whether the selection process for Shiksha Karmi Grade-III positions in Janpad Panchayat Gaurihar, Chhatarpur, was biased due to familial relationships between candidates and committee members. Additionally, the application of natural justice principles, particularly concerning the non-joinder of appellants in the initial appeal, was scrutinized.

 

The controversy revolved around the appointment of appellants as Shiksha Karmi Grade-III, which was later set aside due to their close familial relationships with committee members. The Collector's order quashing the selection was challenged, with the appellants alleging a violation of natural justice due to their non-inclusion in the initial appeal.

 

Bias in Selection: Justice J.K. Maheshwari observed, "The close familial relationships indicated a reasonable likelihood of bias,” thereby not complying with relevant sections of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.

 

Collector's Order and Appeal: The court noted that the revisional authority and High Court found no prejudice caused to appellants despite their non-joinder at the initial stage.

 

Principles of Natural Justice: The doctrine of natural justice was not applied rigidly, with the court focusing on the prejudice caused. It upheld the lower authorities' findings that non-joinder before the Collector did not vitiate the principles of natural justice in this case.

 

Decision by Justice J.K. Maheshwari: The appeals were dismissed, affirming the lower courts' findings that the selections were vitiated by bias. It was held that the procedural lapse of non-joinder did not result in prejudice.

Conversely, Justice K.V. Viswanathan provided a different perspective:

 

Recusal during Interviews: He noted that committee members with close relatives as candidates recused themselves, with the CEO assigning their marks.

 

Judicial Scrutiny: The High Court's dismissal and the subsequent upholding of the order were scrutinized, focusing on whether the appellants received an adequate opportunity for a hearing.

 

Remand Not Feasible: Considering the significant time lapse and continuous service, remanding the case was deemed inappropriate.

 

Decision by Justice K.V. Viswanathan: The appeals were allowed, setting aside the High Court's judgment, and the appellants were permitted to continue in service with all benefits.

 

Order: Given the divergent views, the matter has been referred to the Chief Justice of India for the constitution of a larger Bench. An interim order will remain in operation.

Date of Decision: April 4, 2024

Krishnadatt Awasthy vs. State of Madhya Pradesh & Ors.

 

Similar News