In Brief
This case dealt with the validity of appointments of school teachers (Shiksha Karmis) in a village panchayat in 1998. An unsuccessful candidate challenged the selection claiming nepotism and bias. The Collector cancelled the appointments of ten selectees without giving them a hearing. On appeal, a conflict arose between two principles of natural justice: the rule against bias and the right to fair hearing. The Court held that while the rule against bias was not violated (as potentially biased members had recused themselves), there was a gross violation of the right to fair hearing because the selected candidates were never given notice or opportunity to respond. The Court ruled that such a fundamental procedural defect cannot be cured by later proceedings, and that denying a fair hearing is itself prejudicial. The Court allowed the appeal and upheld the appointments, as remanding after 25 years would be impractical and unjust.
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