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IN THE HIGH COURT AT CALCUTTA
Prakash Shrivastava, Rajarshi Bharadwaj, J. )
Pijus Patra - Appellant
Versus
State Of West Bengal & Ors. - Respondents
WPA(P) No. 335 of 2022
Decided On : 13-12-2022
Nepotism - Public Employment - A.Umarani vs. Registrar, Cooperative Societies and Others (2004) 7 SCC 112, Kumoan Mandal Vikas Nigam Ltd. vs. Girja Shankar Pant and Others (2001) 1 SCC 182, A.K. Kraipak and Others vs. Union of India and Others 1969 (2) SCC 262, Ashok Kumar Yadav and Others vs. State of Haryana and Others (1985) 4 SCC 417, P.D. Dinakaran (1) vs. Judges Inquiry Committee and Others (2011) 8 SCC 380, Sk. Golap and others vs. Bhuban Chandra Panda and others AIR 1991 Cal 295, Abraham Kuruvila vs. S.C.T. Institute of Medical Sciences & Technology and Others (2005) 9 SCC 49, Mahesh Chandra Gupta vs. Union of India and Others (2009) 8 SCC 273, M. Manohar Reddy and Another vs. Union of India and Others (2013) 3 SCC 99
Fact of the Case:
The petitioner challenged the Selection Committees constituted for the appointment of contractual employees under the Department of Health & Family Welfare in different Districts and Health Districts of West Bengal, alleging nepotism and malpractice due to the appointment of political leaders, MLAs, and Ministers of the ruling party as Chairpersons.
Finding of the Court:
The Court found that the appointment of politically influential persons as Chairpersons of the Selection Committees posed a real danger of bias, violating the principles established in various judgments. It directed the reconstitution of the Selection Committees with neutral Chairpersons to ensure fair selection in public employment.
Issues: The issues included the appointment of politically influential persons as Chairpersons, the likelihood of bias in the selection process, and the locus of the petitioner in filing the public interest petition.
Ratio Decidendi: The Court applied the legal principles established in various judgments to determine the real danger of bias in the appointment of politically influential Chairpersons and emphasized the need for fair selection in public employment.
Final Decision: The Court directed the competent authority to reconstitute the Selection Committees with neutral Chairpersons within two weeks to ensure fair selection in public employment, and ordered the existing selection process to be kept on hold.
JUDGMENT
Prakash Shrivastava, CJ. - By this public interest petition the petitioner has challenged the Selection Committees constituted by order dated 26.11.2021 relating to selection of contractual employees for appointment under the Department of Health & Family Welfare in different Districts and Health Districts of West Bengal. The grievance of the petitioner is that all the Selection Committees constituted in different district are having political leaders, MLAs or Ministers of the ruling party as Chairperson. Hence, nepotism and malpractice is apprehended in the selection process and such a selection process in the public employment is unfair.
2. Submission of learned Counsel for the petitioner is that the Selection Committee is headed by the political leaders, Ministers and MLAs of the ruling party, therefore, there is serious apprehension and danger of bias as there is likelihood of giving preference to the supporters of the ruling party and the candidates connected thereto. It has further been submitted that the selection is to be made for different posts of Health & Family Welfare Department, therefore, such political leaders are not the experts of the field and there is no justification to include them as Chairperson. It has been alleged that the political leaders, chairmen are influential persons of the area, therefore, all other members of the Committee will be under their pressure and no fair selection will take place.
3. Opposing the prayer, learned Advocate General has submitted that there is no bar to have politicians as Chairpersons of the Selection Board and the Chairpersons had not been impleaded as party in this petition and there is no possibility of bias. He has further submitted that the issue of bias can be raised only by the prospective candidates and that the interview has little weightage in the selection process. Hence, no case for interference is made out.
4. We have heard learned Counsel for the parties and perused the record.
5. The State Government had issued the order dated 26th of November, 2021 for constituting the Committees for selection of contractual employees to be engaged under the Department of Health & Family Welfare in Districts and Health Districts West Bengal. The composition of the Committee is as under:
i. An eminent person to be Chairman of the Committee.
ii. Other members of the Selection Committees are as follows:
a. Chief Medical Officer of Health - Member Secretary
b. Representative of the District Magistrates - Member
c. Programme Officer of the concerned Programme/Shceme - Member
d. MSVP in case of concerned Medical College & Hospital - Member
e. One Expert of the concerned discipline - Member
6. In the order dated 26.11.2021, the names of the Chairmen of the Committees constituted in 28 different districts have been disclosed. The petitioner has produced the chart of name of Chairpersons of district level Selection Committee along with their present status. The details of these Chairmen are as under:
| Sl. No. | Name of the District | Name of the Proposed | Present Status |
| 1 | Alipurduar | Shri Mridul Goswami | TMC President in Alipurduar |
| 2 | Bankura | Shri Subhasish | MLA, Chhatna |
| 3 | Basirhat Health District | Shri Jyotipriyo Mullick | Minister for |
| 4 | Birbhum | Shri Chandranath Sinha | Minister for fisheries in the Government of |
| 5 | Bishnupur | Shri Shyamal | TMC leader of |
| 6 | Cooch Behar | Shri Binoy Barman | TMC leader EX MLA from Mathabhanga |
| 7 | Dakshin Dinajpur | Shri Goutam Das | Ex MLA TMC |
| 8 | Diamond Harbour Health District | Shri Sankar Naskar | MLA from Falta Assembly Const |
The main legal point established in the judgment is the prohibition of appointments based on political considerations and the requirement to ensure a real likelihood of bias in selection processes, a....
Doctrine “no man can be a Judge in his own cause” can be applied only to cases where person concerned has a personal interest or has himself already done some act or taken a decision in the matter co....
The doctrine of bias and the principle of natural justice were central to the court's decision, emphasizing the need for a fair and transparent selection process free from nepotism and favoritism.
Disputes which may be referred to Registrar for decision - There cannot be any hard-and-fast rule of universal application for allocating the marks for viva voce vis-a-vis marks for written examinati....
Allegations of bias due to a committee member being a candidate's guide require substantial evidence; mere association is insufficient to invalidate a selection process.
Bias in selection processes must be substantiated with evidence; mere suspicion is insufficient to invalidate decisions.
Selection decisions must be justified and not arbitrary, ensuring fairness in administrative processes.
Selection Committees must adhere strictly to their authority without imposing their own policies that disregard eligibility criteria set by governing bodies in the selection process.
Point of Law : Fundamental principles of our jurisprudence are that no man can be a Judge in his own cause and that if there is a reasonable likelihood of bias.
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