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.

JUDGMENT :

The petitioners are before this Court seeking to quash Ext.P17 select list and to direct the 4th respondent to appoint them in the vacancies of Anganwadi Workers in Anganwadi Centre Nos.81, 84, 96 and 155 of Chennithala Thriperumthura Grama Panchayat under the ICDS Mavelikkara Project.

2. The petitioners state that they had earlier worked as temporary Anganwadi Workers. Proceedings were initiated for making regular appointment to four existing vacancies of Anganwadi Workers in Chennithala Thriperumthura Grama Panchayat. According to the petitioners, the select list prepared is illegal and one drawn violating the conditions in GO dated 30.04.2018.

3. The petitioners state that they are qualified to be appointed as Anganwadi Workers. They have worked as temporary Anganwadi Workers earlier. Four permanent vacancies of Anganwadi Workers exist in Chennithala Thriperumthura Grama Panchayat in Anganwadi Centre Nos.81, 84, 96 and 155. The petitioners therefore submitted applications for permanent appointment. The respondents constituted a Selection Committee. As per Ext.P14 Government Order dated 22.12.2012, the Panchayat President is the Chairperson and the ICDS Project Officer is the Convenor. There are three other ex-officio members. Five social workers are also included in the Committee. The petitioners would submit that the Panchayat is ruled by the Left Front and five representatives to the Committee were nominated purely based on political consideration.

4. As per Ext.P16 GO dated 30.12.2018, every fourth vacancy shall be set apart for promotion from Anganwadi Helpers and 10% vacancies in every project should be set apart for persons who donated land for Anganwadi or for their dependents. The 1st petitioner is therefore entitled to appointment to the first vacancy in the 10% quota. The 1st petitioner has around 400 days of working experience. The 2nd petitioner is the secondmost senior out of the temporary Anganwadi Workers.

5. The petitioners submit that an illegal selection was conducted on 28.12.2019. A select list of 60 persons was published as per Ext.P17 for appointment as Anganwadi Workers and another 39 persons for appointment as Anganwadi Helpers. Ext.P17 has not been prepared based on merit. Extraneous considerations have impacted Ext.P17. Persons selected are kith and kin of Selection Committee members. Close relatives of the Panchayat President are ranked top in Ext.P17 list. The selection itself is vitiated as the Interview Board consists of persons who are close relatives of the candidates who were assigned top rank in the select list. Aggrieved by Ext.P17 select list, the 1st petitioner submitted Ext.P18 representation before the 4th respondent-Child Development Project Officer. Ext.P18 did not yield any result.

6. The counsel for the petitioner argued that the select list contains close relatives of the nominated Selection Committee members. Applications were submitted by the close relatives after the nomination of the five Selection Committee members by the Panchayat Committee. Such relatives of candidates who are in the Selection Committee should not have participated in the selection process. Now, hasty steps are being taken to grant appointment to candidates who are ranked top on extraneous considerations.

7. The counsel for the petitioner relied on the judgment of the Apex Court in Asok Kumar Yadav and others v. State of Haryana and others [(1985) 4 SCC 417] and argued that in the process of taking decision in respect of several persons by an Administrative Body, if there is a real likelihood of bias on the part of a member of that Body in respect of even a single person, that member should withdraw from the entire process. The counsel urged that it is not necessary to establish bias but it is sufficient to invalidate a selection process if it could be shown that there is reasonable likelihood of bias.

8. As the selection is vitiated by bias, the selected candidates who are included in the select list wi