STATE OF ASSAM AND ORS. Vs. ATUL CHANDRA DAS
LAWS(GAU)-1994-4-20
HIGH COURT OF GAUHATI
Decided on April 08,1994

State Of Assam And Ors. Appellant
VERSUS
ATUL CHANDRA DAS Respondents

JUDGEMENT

M. Sharma, J. - (1.)This application for review of the judgment and order dated 13.10.93 passed in Civil Rule No. 2778 of 1992 has been preferred by the State of Assam on the ground that the finding of the court was wrong in holding that the appointment made by Government was not made in accordance with the guidelines, that the propriety and legality of the guidelines were not challenged in the writ petition and that guidelines do not provide for selection of stipendiary teachers on merit basis.
(2.)By the judgment and order this Court quashed the impugned select list Annexure - 2 to the writ petition.
(3.)In any case a review is by no means an appeal in disguise whereby a judgment is reheard and corrected. The scope of review is very restricted - a judgment can be reviewed only if the Applicant can establish that - (1) discovery of new and important evidence/matter which could not be produced at the time of hearing (2) error apparent on the face of the record and (3) for any other sufficient reason. In a catena of decisions the Apex Court held that though amended Code of Civil Procedure barred review under Art. 226 of the Constitution in appropriate case court can do so, but in a very restricted and limited manner. In that view of the matter the spirit of O. 47 has to be followed as guideline to review a judgment/order passed by High Court in its writ jurisdiction.


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