1976 (7) TMI 168 - SC - Indian Laws

Bias in the Selection Committee - Recommendation of the Selection Committee of Lucknow University for appointing Professor of Anthropology - allegation of bias due to personal relations and past conflicts - reasonable ground to believe - principles of natural justice - Concept of bias - HELD THAT - In deciding the question of bias human probabilities and ordinary course of human conduct have to be taken into consideration. In a group deliberation and decision like that of a Selection Board the members do not function as computers. Each member of the group or board is bound to influence the others more so if the member concerned is a person with special knowledge. His bias is likely to operate in a subtle manner. From the discussion it clearly follows that what has to be seen in a case where there is an allegation of bias in respect of a member of an administrative Board or body is whether there is a reasonable ground for believing that he was likely to have been biased. In other words whether there is substantial possibility of bias animating the mind of the member against the aggrieved party. We do not however consider it necessary in the present case to go into the question of the reasonableness of bias or real likelihood or bias as despite the fact that the appellant knew all the relevant facts he did not before appearing for the interview or at the time of the interview raise even his little finger against the constitution. of the Selection Committee. He seems to have voluntarily appeared before the Committee and taken a chance of having a favourable recommendation from it. Having done so it is not. now open to him to turn round and question the constitution of the Committee. This view gains strength from a decision of this Court in Manak Lal s case 1957 (2) TMI 63 - SUPREME COURT where in more or less similar circumstances it was held that the failure of the appellant to take the identical plea at the earlier stage of the proceedings created an effective bar of waiver against him. Thus we find ourselves unable to allow the appeal. In the result the appeal fails and is hereby dismissed but in the circumstances of the case without any order as to costs.

Summary

Issues Involved:
1. Bias in the Selection Committee.
2. Maintainability of the writ petition and appeal.

Summary:

Issue 1: Bias in the Selection Committee
The appellant challenged the recommendation of the Selection Committee of Lucknow University for appointing respondent No. 8 as Professor of Anthropology, alleging bias by two experts, Dr. S.C. Dube and Dr. S.R.K. Chopra. The appellant claimed these experts were biased due to personal relations and past conflicts. The High Court dismissed the petition, stating there was no substantial evidence of bias, and the appellant's claims did not demonstrate a reasonable apprehension of bias. The Court emphasized that principles of natural justice require impartiality, but the appellant had voluntarily submitted to the Selection Committee without raising objections initially, thus waiving his right to contest its constitution later.

Issue 2: Maintainability of the Writ Petition and Appeal
The respondent contended that the recommendation was interlocutory and not subject to writ petition or appeal. The Supreme Court noted that the appellant had other remedies available, such as representation to the Executive Council and application u/s 68 of the Uttar Pradesh Universities (Reenactment and Amendment) Act, 1974, which had not been exhausted. Consequently, the appeal was dismissed, reinforcing that the appellant's failure to object to the Selection Committee's constitution at the appropriate time barred him from raising the issue later.

Conclusion:
The appeal was dismissed due to lack of substantial evidence of bias and the appellant's failure to exhaust available remedies, with no order as to costs.