The Orissa High Court has reiterated that candidature cannot be cancelled merely because the candidate holds 'dual degree' and there is lack of provisions to this regard.
The single-judge bench of Justice Sanjeeb Kumar Panigrahi observed that principle of natural justice cannot be imprisoned within the strait-jacket or rigid formula and its application would depend on the scheme and policy of the statute and relevant circumstances involved in a particular case.
The writ-petitioner herein has challenged the legality and propriety of order rejecting the candidature for the post of Assistant Professor in University with unreasonable grounds.
The petitioner has dual degree (M.Sc. & PhD) and one certificate issued by the institute without segregating marks of M.Sc and PhD. He uploaded the document when he applied for the job and in his educational qualification clearly mentioned that he has dual degree.
The same was accepted and the petitioner was called for interview, but at the time of verification his candidature was rejected without giving him an opportunity to clarify his standpoint in respect of his educational qualification.
His Counsel submitted that when he tried to convince them regarding dual degree qualification and segregation of marks as per rule of the institute, the opportunity wasn't awarded to him. He contended that there was no rule prescribed to provide certificate for segregation of marks where candidates possesses dual degree and also no chance to upload such. Furthermore, no opportunity has been given to the petitioner to clarify his stand in respect of dual degree which violates principle of natural justice, he averred.
He also submitted that there is no suppression of facts regarding educational certificate and the dual degree also approved by the OPSC for selection of the aforesaid post.
The Court remarked that rules in regard to the appointment needed to be strictly followed but pointed out that in the present matter OPSC has not provided any instructions for candidates holding dual degrees.
Even though this can be considered as a distinctive case, however it is arbitrary to out-rightly reject the candidature of the petitioner, the Court ruled.
Observing that the appointment of candidates holding dual degrees has been acknowledged by several High Courts, the Court went on to examine the 'very important' aspects in the interest of justice, rule of law and in the greater interest of public.
"The settled legal proposition is that principles of natural justice are in built in the statutory rules and require observance unless the same stand excluded by the rules itself. The adjudicating authority must be impartial and without any interest or bias of any type; where the Adjudication Authority is exercising judicial or quasi-judicial power, the order must be made by that authority and that power cannot be delegated or subdelegated to any other offices the adjudicating authority must give full opportunity to the affected person to produce all the relevant evidence in support of his case."
The Court cited K. L. Tripathi Vs. State Bank of India & Ors, 1983 Latest Caselaw 141 SC wherein the Apex Court observed that requirement of natural justice must depend on the facts and circumstances of the case.
Stating that Top Court has reiterated, time and again, that the doctrine of natural justice cannot be imprisoned within the strait-jacket or rigid formula and its application would depend on the scheme and policy of the statute and relevant circumstances involved in a particular case, the Court held that the authorities in the present matter didn't follow the principle.
"In the present case, considering the lack of provisions regarding the candidature or individuals holding dual degrees, the petitioner should have been provided a hearing to clarify his standpoint regarding the segregation of marks."
The petition was allowed. However, the Court made it clear at this stage that the clock cannot be reversed as the selection process has already been over.
"It is imperative that the OPSC should clearly mention the centrality of the issue involved herein in clearer terms so that many meritorious candidates who are similarly placed with the present petitioners should not be deprived of the opportunity of participating in the selection of process."
Case Title: Bhuban Mohan Behera vs State of Odisha and Anr.
Case Details: W.P.(C) No.3617 of 2022
Coram: Justice Sanjeeb Kumar Panigrahi
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