Dismissal Of Suit For Default Doesn't Bar Fresh Partition Suit As Cause Of Action Is Recurring; Second Rejection Of Plaint Application Barred By Res Judicata: Telangana High Court Married Daughter Entitled To Appointment As Fair Price Shop Dealer On Compassionate Grounds; Marital Status No Bar: Allahabad High Court Finding Of Title Cannot Be Recorded In Injunction Simpliciter Suit Absent Specific Pleadings & Issues: Andhra Pradesh High Court Conviction Not A Condition Precedent For Confiscation Of Vehicle Used In Forest Offence: Bombay High Court Advocate’s Professional Call To Client No Proof Of Conspiracy; Sterling Evidence Like CCTV Can Justify Quashing FIR: Gujarat High Court Revenue Entries Changed Without Notifying Affected Parties Are Void; High Court Can Upset Perverse Findings In Second Appeal: Himachal Pradesh HC Mandatory Injunction For Removing Sunshades Or Closing Windows Cannot Be Granted If No Encroachment Is Proved: Karnataka High Court Employer Cannot Resume Work Through Third Parties Until 30-Day Period For Contractor’s Post-Termination Compliance Expires: Madras High Court Circumstantial Chain Fails If Prosecution Doesn't Rule Out Accidental Death: Madhya Pradesh High Court Acquits Two In Murder Case Wife’s Status As Practicing Lawyer Or Professional Qualification No Absolute Bar To Grant Of Interim Maintenance: Orissa High Court Legally Wedded Wife And Second Wife Entitled To Equal Share In Family Pension If Second Wife Was Nominated & Cared For Deceased: Andhra Pradesh High Court Specific Performance Suit Filed At The Fag End Of Limitation Reflects Lack Of Readiness And Willingness: Supreme Court Specific Performance Cannot Be Granted If Plaintiff Fails To Prove Financial Readiness At Relevant Time Of Transaction: Supreme Court MACT |Just Compensation For Deceased Professional Students Must Reflect Future Career Trajectory: Supreme Court Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

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.

 

Latest Legal News