(1.) Heard Mr. Vivek Tankha, learned Senior Counsel appearing for the appellant. The respondents are represented by Ms. Mrinal Gopal Elker, learned counsel and Mr. Avdhesh Kumar Singh, learned counsel.
(2.) This matter is posted before this larger Bench on account of the split verdict rendered on 4/4/2024 by the two learned Judges of this Court. The case pertains to the validity of appointments made for the post of school teachers (Shiksha Karmi Grade III) in Janpad Panchayat, Gaurihar in the year 1998. Four Civil Appeals were filed before this Court by ten persons, who are alleged to be the relatives of the members of the selection committee and were placed in the final select list of 249 Shiksha Karmis.
(3.) While Justice JK Maheshwari upheld the finding to set aside the selection of Shiksha Karmis on account of the violation of the first limb of the principle of natural justice i.e. rule against bias, Justice KV Vishwanathan has however upheld the selection, citing inter alia, a breach of the right to a fair hearing. Therefore, in this case, we are confronted with a conflict between the two foundational principles of natural justice i.e. rule against bias (nemo judex in causa sua) and the right to a fair hearing (audi alteram partem).