NDLI: Krishnadatt Awasthy Vs. State of Madhya Pradesh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Appointment
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Madhya Pradesh Panchayat (appeal and Revision) Rules (0 of 1995) Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (1 of 1994) Madhya Pradesh Panchayat Shiksha Karmis (recruitment and Conditions of Service) Rules (0 of 1997)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 Referred Case 31 Referred Case 32 Referred Case 33 Referred Case 34
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Service law – Selection and appointment – Selection process, if vitiated by bias, the candidates being close relatives of the members of selection committee – Non-joinder of parties in the initial appeal, if violative of the natural justice – Post of Shiksha Karmi Grade – Selection and appointment of 249 candidates including ten appellants and four other candidates, who were close relatives of the members of selection committee – Challenged to, before the Collector, by one of the aspirant – Only officers ex-officio impleaded as parties and not the appellants and the members of the selection committee – Cancellation of selection of appellants and four others since the members of the selection committee being their relatives gave them benefit thus, selection process vitiated – Said order upheld in Revision – Writ petition there against, dismissed by the Single Judge of the High Court holding that the appellants were afforded ample opportunity of hearing thus, not joining them as party at the first instance before the Collector, should not prejudice them and plea of violation of principle of natural justice not justified – Division Bench also dismissed the appeal – Interference with: Held: (per Maheshwari, J.) ‘Rule against bias’ proved as reasonable likelihood of bias was fully established irrefutably – Without showing prejudice mere non- joinder even at initial stage does not violate the natural justice doctrine – Action of appellants of not controverting their relationship with the parties and not demonstrating the manner in which they have been prejudiced before the revisional authority and the Single Judge and Division Bench of High Court, their representation before the Collector would not have improved their case or compelled the Collector to arrive at a different finding – Plea of non-impleadment is a useless formality and the court should not entangle itself in procedural complexities – In view of the principle of prejudice, the judgment passed by the Single Judge as confirmed in writ appeal reaffirming the judgment of the Collector and Commissioner, setting aside the selection of the appellants does not suffer from any infirmity, warranting interference of this Court – Held: (per Viswanathan J.) When an unsuccessful candidate challenged the selection process, where the specific grievance was against 14 candidates under the category of relatives and the overall figure was 249, at least the candidates against whom specific allegations were made and who were identified ought to have been given notices and made a party – Courts below makes no reference to resolution providing for recusal of committee members who had their close relatives appearing for the interview – Furthermore, the principle of prejudice not applicable since there was a complete denial of opportunity – Breach of principles of natural justice in the proceedings before the Collector at the original stage did not stand cured on account of the proceedings before the revisional authority – Given a chance before the Collector perhaps the appellants would have met each and every objection of the sole complainant – For the failure of complainant and the Collector, the appellants cannot be made to pay – By virtue of interim orders, the appellants are discharging their duties for the past twenty five years, thus, not in the interest of justice to remand the matter for a fresh enquiry – Impugned judgment of the Division Bench set aside – Madhya Pradesh Panchayat (Appeal and Revision) Rules, 1995 – Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 – Madhya Pradesh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 [Paras 35, 43, 46, 60, 66, 75-77] – Per Court: In view of the divergent views, issuance of directions to the Registry to place the matter before Hon’ble the Chief Justice of India for constitution of a larger Bench.
Judge	Hon'ble Mr. Justice J.K. Maheshwari
Neutral Citation	2024 INSC 252
Petitioner	Krishnadatt Awasthy
Respondent	State Of Madhya Pradesh & Ors.
SCR	[2024] 4 S.C.R. 151
Judgement Date	2024-04-04
Case Number	4806

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Krishnadatt Awasthy Vs. State of Madhya Pradesh & Ors.

Please Log-in to view this content

State of Madhya Pradesh & Ors. Vs. Nandlal Jaiswal & Ors.

The State of Madhya Pradesh & Ors. Vs. Ashish Awasthi

Shri Radeshyam Khare & Another Vs. The State of Madhya Pradesh & Others

State of Madhya Pradesh & Ors. Vs. Ku. Sandhya Tomar & Anr.

Nidhi Kaim Vs. State of Madhya Pradesh & Others Etc.

The State of Madhya Pradesh Vs. Satish Jain (dead) By Lrs & Ors.

M.p. Cement Manufacturers Association Vs. State of Madhya Pradesh and Ors

Deependra Yadav and Others Vs. State of Madhya Pradesh and Others

State of Madhya Pradesh & Ors. Vs. Sardar D. K. Jadav

Krishnadatt Awasthy Vs. State of Madhya Pradesh & Ors.

Krishnadatt Awasthy Vs. State of Madhya Pradesh & Ors.

Please Log-in to view this content

Similar Documents

State of Madhya Pradesh & Ors. Vs. Nandlal Jaiswal & Ors.

The State of Madhya Pradesh & Ors. Vs. Ashish Awasthi

Shri Radeshyam Khare & Another Vs. The State of Madhya Pradesh & Others

State of Madhya Pradesh & Ors. Vs. Ku. Sandhya Tomar & Anr.

Nidhi Kaim Vs. State of Madhya Pradesh & Others Etc.

The State of Madhya Pradesh Vs. Satish Jain (dead) By Lrs & Ors.

M.p. Cement Manufacturers Association Vs. State of Madhya Pradesh and Ors

Deependra Yadav and Others Vs. State of Madhya Pradesh and Others

State of Madhya Pradesh & Ors. Vs. Sardar D. K. Jadav

Krishnadatt Awasthy Vs. State of Madhya Pradesh & Ors.