SHIKSHAN PRASARAK MANDAL AKOLA Vs. LAXMIKANT BALKRISHNA JOSHI

JUDGEMENT

(1.) HEARD Shri Bhangde, learned Counsel for the applicants, Shri Dastane, learned Counsel for the non-applicant No. 1, Shri Panpalia, learned Counsel for the non-applicant No. 3, Shri Mujumdar, learned Assistant government Pleader for non-applicant No. 4 in Miscellaneous Civil Application No. 329/2003 so also Shri Deshpande learned Counsel for non-applicant No. 1 in Miscellaneous Civil Application No. 330/2003.

(2.) THE Division Bench of this Court consisting of R. K. Batta and J. P. Devadhar, JJ. vide common order dated 16. 4. 2002 passed in Anil dattatraya Ade v. Presiding Officer, School Tribunal and three others, and in Laxmikant Balkrishna Joshi v. Shikshan Prasarak Mandal and five others, referred the matter of the Hon'ble Chief Justice for constituting larger Bench. The Hon'ble Chief Justice vide order dated 11. 11. 2002 was pleased to constitute a Full Bench of three Judges, which was presided over by the Hon'ble Chief Justice. The Full Bench passed judgment on 13. 3. 2003 (since reported in 2003 (2) Mh. L. J. 316) and decided the questions of law referred to it. The present applicants (original respondents) in the above referred writ petition, filed Misc. Civil Application No. 329 of 2003 as well as Misc. Civil Application No. 330 of 2003, inter alia, seeking a review of the judgment, dated 13. 3. 2003, of the Full Bench. Mr. Deshpande, learned counsel for non-applicant No. 1, raised a preliminary objection about maintainability of the Misc. Civil Applications for review of the Judgment, dated 13. 3. 2003, of the Full Bench on the following grounds :

(3.) MR. Deshpande, learned Counsel for non-applicant No. 1, contended that power of review is not an inherent power and needs to be conferred by law or statute. It is submitted that there is no provision or statute, which confers such power of review in respect of a decision rendered by the Full bench and, therefore, the present Misc. Civil Applications for review are not maintainable.