Amitava Lala, J. - (1.) This review application arose out of a judgment and order dated August 26, 2003 passed by a Division Bench of this Court (Samaresh Banerjea and Amitava Lala JJ.) in M.A.T. No. 2409 of 1999 Ad -hoc Committee, North 24 -Parganas District Primary School Council and Anr. v/s. Anawara Khatoon and Ors. The entire gamut of making this review application is the locus standi of the Ad -hoc Committee in preferring appeal before the Division Bench of this Court. The sum and substance of the submission of the Learned Counsel appearing for the Applicant is that the Division Bench failed to appreciate that though the Chairman, Ad -hoc Committee, North 24 -Parganas District Primary School Council has been replaced by the Chairman, North 24 -Parganas District Primary School Council but allowed to go on with the appeal. Therefore, the locus standi of the Appellant has not been considered by the Court. The appeal is non -est in the eye of law consequently the judgment and order passed therein. Possibly such plea was taken on the ground that when the Ad -hoc Committee has been replaced by the appropriate Council prior to passing of the judgment and order of this Court either the appeal should have been dismissed or Appellant should have been directed to incorporate the name of the appropriate Appellant.
(2.) We are sorry to say that the review application as made by the Appellant is optimistic one. The review is necessitated only for the purpose of reconsideration of the factual part if missed by the Court at the time of passing the order or a question of law having existence at the relevant point of time overlooked by the Court. Such principle of review is applicable everywhere irrespective of its wider applicability under writ jurisdiction. By bringing such question of fact and law normally the aggrieved party tries to get it rectified by the same Court once again and as such no appeal lies from the order under review. Leaving aside the technicalities if we go through the merit of the application we shall be able to ascertain that the Appellant has made a fruitless effort by making this application for review. Chapter XIII of the West Bengal Primary Education Act, 1973 is made for the purpose of transitional provisions. Sec. 93 of the Act under such Chapter provides power to the Ad -hoc Committee to discharge the functions of the Primary School Council until it is established. Sub -section (2) therein says that all things done or all actions taken by the Ad -hoc Committee under Sub -section (1) shall be deemed to have been done or taken by the Primary School Council as if the Primary School Council were established. Formation of the Ad -hoc Committee is an interregnum period between the existing period of District School Board and Primary School Council. By virtue of Sec. 93 as above if read with Sec. 105 being repealing Sec. of the Act it will be construed by necessary implication that deeming provision about continuance of legal proceedings as regard any of the named bodies can not fall through due to change of the nomenclature.
(3.) Therefore, by virtue of the such Act the existence of the appropriate Ad -hoc Committee or the Primary School Council in the cause title is bare nomenclature which does not create any foundation of a dispute to challenge the locus standi of the Appellant in preferring the appeal.;