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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ASHWANI KUMAR MISHRA, KULDEEP TIWARI
Jitendra Kumar – Appellant
Versus
Deepak Kumar – Respondent
JUDGMENT :
KULDEEP TIWARI, J.
1. Both these Letters Patent Appeals are amenable to being decided through a common verdict, on account of their enveloping a common issue for adjudication, besides arising from a common order.
2. Concisely and compendiously, the facts qua which there is no wrangle amongst the contesting litigants are that, two posts of Assistant Professor (Geography) were advertised by the respondent No.4- College, and in response, a total of 50 candidates applied. Out of these, 27 candidates were shortlisted and invited for an interview on 02.09.2013. Ultimately, two candidates, namely, Jitendra Kumar and Sangeeta (the appellants herein), were selected in order of merit by the duly constituted Selection Committee of seven members, which comprised not only expert members but also a nominee of the concerned University. Consequently, an offer of appointment was made to them on 21.09.2013, and they joined the service on the same day.
3. Feeling dissatisfied with the selection process, one of the unsuccessful candidates filed CWP-12119-2014 before this Court, alleging that the selection result was compromised by bias. It was claimed that a member of the Selection Committee wa
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.
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 reconstitution of a Selection Committee during an ongoing interview process is illegal and arbitrary, necessitating a fresh selection process.
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.
The main legal point established in the judgment is the application of the doctrine of necessity, the test of bias in the selection process, and the right of unsuccessful candidates to challenge the ....
Bias in selection processes must be substantiated with evidence; mere suspicion is insufficient to invalidate decisions.
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....
It is settled law that a person who consciously takes part in process of selection cannot, thereafter, turn around and question method of selection and its outcome.
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