J. Mohapatra and Co. and Ors. v. State of Orissa and Ors. AIR 1984 SC 1572

The State formed committees to pick books for libraries. Some members were also authors of the books under review. This raised fears of bias and unfair gain.

The Supreme Court said: no one should decide their own cause. Author-members create a reasonable fear of bias. They should not take part. The necessity excuse did not apply because the State could replace them.

• Do author-members on a selection committee violate impartiality?
• Does nemo judex in causa sua apply to such committees?
• Can the doctrine of necessity justify their participation?
• Is the non-statutory selection method fair and unbiased?

• Nemo judex: A person with a stake must not sit in judgment.
• Apprehension of bias: A reasonable likelihood is enough; proof of actual bias is not needed.
• Doctrine of necessity: Applies only if no other practical option exists.

The Supreme Court held that author-members on the committee created a reasonable apprehension of bias. They must not take part when their own books are considered.

The doctrine of necessity was rejected because alternatives were available. The Court allowed the appeal and laid down conflict-free procedures for future selection exercises.

Nemo judex bars participation where personal interest exists; a reasonable likelihood of bias is enough to disqualify. Necessity cannot excuse conflict if replacements are possible.

• Protects fairness in public spending and academic choices.
• Sets a clear conflict-of-interest bar for committees.
• Guides administrators on building impartial panels.

1. Reasonable apprehension of bias is enough to disqualify.
2. Doctrine of necessity applies only when no alternative exists.
3. Administrative selections must be conflict-free and transparent.

Mnemonic: “Author? Step Aside.”

1. Point: No judging one’s own work.
2. Apply: If interest exists, recuse.
3. Decide: Replace members; necessity is rare.

Issue: Are author-members’ participation and the process fair?

Rule: Nemo judex; reasonable apprehension of bias disqualifies; necessity only if no alternative.

Application: Authors had direct stakes (royalties, reputation); alternatives existed.

Conclusion: Bias found; necessity inapplicable; conflict-free committees mandated.

Nemo Judex

No one should judge their own cause.

Reasonable Apprehension of Bias

A fair-minded person would suspect partiality.

Doctrine of Necessity

A conflicted decision-maker may act only when replacement is impossible.