MP HC | No reason to review by court if there is no error apparent on the face of record; review petition dismissed

Madhya Pradesh High Court: A Division Bench of S.C. Sharma and Virender Singh, JJ., dismissed the review petition on the ground that no interference was required when there was no error apparent on the face of the record.

A Public Interest Litigation Writ Petition was made by certain persons against the selection in respect of various teaching post which was dismissed by this court on various ground. Thus a review petition was made out of an order passed in a PIL against the certain person being aggrieved by the selection in various teaching post.

T.N. Singh, senior counsel for the petitioner submitted that the matter relating to the appointment was being scrutinised by the Director, Technical Education and, therefore, the judgment delivered by this Court be reviewed.

The Court after referred the judgment of the Supreme Court, relating to the use of the review power of the court which was discussed in the case of Haridas Das v. Usha Rani, (2006) 4 SCC 78 in which it was held that that “a mistake or an error apparent on the face of the record means a mistake or an error which is prima-facie visible and does not require any detail examination” In the present case as petitioner was not able to point out any error apparent on the face of the record, the court decided the case on merit. The court also discussed the scope of interference and limitation of review through the judgment of the Supreme court, Inderchand Jain (dead) v. Motilal, (2009) 14 SCC 663 and held “that re-appreciation of evidence and rehearing of case without there being any error apparent on the face of the record is not permissible in light of provisions as contained under Section 114 and Order 47 Rule 1 of Code of Civil Procedure, 1908” Thus, the court dismissed the review petition on the above-mentioned grounds.[Dr Suyog Jhanvar v. Govindram Saksaria Institute of Technology & Science, 2019 SCC OnLine MP 1080, decided on 30-04-2019]

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