Administrative Law

G.N. Nayak v. Goa University

AIR 2002 SC 790

Facts

Dr. G.N. Nayak and Respondent 5 were candidates for Professor of Marine Science at Goa University.
Respondent 2, the Head of Department, had earlier written a note praising Dr. Nayak and requesting early interview so the University could retain him.
In the later selection process, Respondent 2 participated in the Selection Committee.
Respondent 5 challenged Dr. Nayak’s appointment, alleging bias.

Whether Respondent 2’s earlier praise of Dr. Nayak created bias sufficient to invalidate the selection.

Bias means partiality or preference.
But not every preference becomes legal bias.
A decision is vitiated only when there is a reasonable possibility of bias or circumstances showing influence affecting fair assessment.
A rational, professional appreciation of someone’s work is not automatically bias.

The Court accepted that Respondent 2 had praised Dr. Nayak in the earlier note.
But the Court asked: was this praise irrational, personal, or based on extraneous reasons?
The answer was no.
Respondent 2 was Head of Department, so it was natural that he knew the abilities of the Readers working under him.
His appreciation was based on Dr. Nayak’s academic/professional performance.
There was no allegation that the praise was undeserved or motivated by personal interest.
The Court distinguished between:
professional evaluation, which is allowed; and
personal/prejudiced preference, which creates bias.
The Court also noted that earlier, in the 1995 selection, Dr. Nayak had not been selected. This showed that the process was not automatically tilted in his favour.
Merely because Respondent 2 thought well of Dr. Nayak did not mean he had closed his mind against other candidates.
Therefore, unlike cases where the decision-maker has personal, pecuniary, or hostile interest, this was only a case of professional assessment.

The Supreme Court held that the selection was not vitiated by bias.
It restored Dr. Nayak’s appointment.
The Court clarified that bias must be substantial enough to affect fairness.
A senior officer’s appreciation of a junior’s work does not automatically disqualify him from participating in selection.
Use this case for: not every prior opinion amounts to bias; only unreasonable or self-interested preference does.