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SUPREME COURT OF INDIA
G B Pattanaik, G N Ray
GURDIP SINGH, APPELLANT
VERSUS
STATE OF PUNJAB AND OTHERS, RESPONDENTS.
Civil Appeal No. 2023 of 1997 (Arising out of SLP (C) No. 4666 of 1996), decided on March 17, 1997.
Natural Justice - School Headmistress Selection - The court set aside the selection of the Headmistress due to flagrant violation of the principles of natural justice.
Fact of the Case:
The selection of Respondent 3 as Headmistress of the school was made in violation of the principles of natural justice, as her father, the Secretary of the Managing Committee, participated in the selection process.
Finding of the Court:
The court set aside the selection of Respondent 3 as the Headmistress and ordered her immediate cessation from the position. The Managing Committee was directed to select a new Headmaster or Headmistress in accordance with the law.
Issues: Violation of natural justice in the selection process, improper influence in the selection due to familial relationship.
Ratio Decidendi: The court found that the involvement of Respondent 3's father in her selection as Headmistress constituted a flagrant violation of the principles of natural justice, leading to an improper selection process.
Final Decision: The court set aside the selection of Respondent 3 as the Headmistress and directed the Managing Committee to immediately select a new Headmaster or Headmistress in accordance with the law.
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. This case unfolds a very sad affair in a school where the selection of Respondent 3 as Headmistress of the school was made in flagrant violation of the principles of natural justice. It has been established beyond doubt that the father of Respondent 3 being the Secretary of the Managing Committee of the school participated in the selection of his daughter, Respondent 3 and later on confirmation was given about such selection in favour of Respondent 3 where Respondent 3 by virtue of improper selection also constituted as one of the members of the Managing Committee giving confirmation. In the aforesaid circumstances, we set aside the selection of Respondent 3 as the Headmistress of the said school. Respondent 3 will cease to function as Headmistress of the said school with immediate effect. The Managing Committee of the school will take immediate steps to select the Headmaster or Headmistress of the school in accordance with law. The appeal is disposed of accordingly without any order as to costs.
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