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Supreme Court of India 2024-04-04 other

KRISHNADATT AWASTHY vs STATE OF MADHYA PRADESH & ORS

Bench: 2 — J.K. Maheshwari, K.V. Viswanathan

In Brief

Ten individuals appointed as Shiksha Karmis (teachers) in a Madhya Pradesh Panchayat had their appointments cancelled after an unsuccessful candidate challenged the selection process before the Collector, alleging nepotism. The appellants were not made parties to that proceeding. The Collector, Commissioner, and High Court upheld the cancellation, finding reasonable likelihood of bias because the appellants were relatives of selection committee members. The Supreme Court split 1-1: Justice Viswanathan would allow the appeals, holding the violation of natural justice (non-impleadment) was incurable and unjustified after 25+ years of service. Justice Maheshwari would dismiss, finding the bias and prejudice allegations were admitted, well-founded on record, and the appellants had adequate opportunity in subsequent proceedings. The matter was referred to the Chief Justice for a larger bench.

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Natural Justice Audi alteram partem Administrative Law Bias and Conflict of Interest Panchayat Raj Public Service Civil Procedure Statutory Appeals and Revision Recruitment and Selection

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