Krishnadatt Awasthy Vs State of M.P. & Ors. (Supreme Court of India)
Supreme Court of India has delivered a significant judgment in the case of Krishnadatt Awasthy vs. State of M.P. & Ors., scrutinizing the principles of bias and natural justice in the context of public recruitment. The Court’s decision, rooted in a Shiksha Karmi selection process from 1998, ultimately upheld the appointments, emphasizing the critical importance of providing a fair hearing to affected parties and limiting the ability of appellate bodies to rectify fundamental procedural flaws.
Issue A: Selection Not Vitiated by Bias
The first major issue before the Court was whether the selection process for “Shiksha Karmis” under the Madhya Pradesh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997, was compromised due to bias. The principle of natural justice, particularly the rule against bias (nemo judex in causa sua – no one should be a judge in their own cause), dictates that proceedings must not only be fair but also be seen to be fair.
Statutory Framework and Safeguards: Rule 5 of the 1997 Rules outlined a detailed selection process, allocating 60% weightage to academic qualifications, 25% to teaching experience, and 15% to oral tests. The selection committee’s composition, as per Schedule II, included diverse members from local governance bodies, education officers, subject experts, and representatives from various social categories. To prevent bias, the Janpad Panchayat passed a resolution mandating recusal for any committee member with a close relative among the candidates. The CEO was empowered to arrange substitutions for such members during interviews.
