1. Facts of the Case
An educational institution/university constituted an interview board for the purpose of recruitment/selection to a post. One of the members of the interview board was the father of a candidate who appeared for the interview. During the interview of his son, the father formally abstained from participating in questioning, evaluation, and decision-making. Despite this abstention, the candidate was selected. Aggrieved candidates challenged the selection on the ground of bias, conflict of interest, and violation of principles of natural justice, alleging that the mere presence of the father on the selection board vitiated the entire selection process.
2. Issues in the Case
- Whether the inclusion of a candidate’s father on the interview board amounts to institutional bias, even if he abstains during his son’s interview.
- Whether the principle of natural justice – “nemo judex in causa sua” (no one shall be a judge in his own cause) is violated.
- Whether the selection process becomes invalid due to reasonable apprehension of bias, irrespective of actual bias being proved.
- Whether abstention alone is sufficient to cure procedural impropriety in administrative decisions.
3. Legal Principles Covered to Support Case Proceedings and Judgments
a) Principle of Natural Justice
Under Indian administrative law, natural justice is a cornerstone of fair decision-making. One of its core rules is nemo judex in causa sua, which prohibits any authority from participating in decisions where personal interest exists.
b) Doctrine of Bias
Bias may be:
- Actual Bias
- Reasonable Likelihood of Bias
- Apprehension of Bias
Indian courts have consistently held that proof of actual bias is not necessary. Even a reasonable suspicion in the mind of a prudent person is sufficient.
c) Test of Reasonable Apprehension
The Supreme Court in A.K. Kraipak v. Union of India held that administrative actions must be free from even the appearance of bias. Justice must not only be done but must also appear to be done.
d) Conflict of Interest
A close familial relationship (father–son) creates a direct conflict of interest. Even if the father abstains, his presence may influence other members subconsciously, affecting fairness.
e) Procedural Fairness
Administrative authorities must follow procedures that inspire public confidence. Any selection process tainted with suspicion undermines transparency and fairness.
4. Possible Judgment
The court is likely to set aside the selection on the ground of violation of principles of natural justice. The inclusion of the candidate’s father on the interview board creates a reasonable apprehension of bias, which cannot be cured merely by abstention. The selection process is vitiated due to procedural impropriety, and the authority may be directed to conduct a fresh interview with a reconstituted, impartial board.
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