DIPLOMA ENGINEERS ASSOCIATION Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-1-95
HIGH COURT OF JHARKHAND
Decided on January 28,2015

DIPLOMA ENGINEERS ASSOCIATION Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

- (1.) This civil review application has been filed praying, inter alia, to review the order of this Court dated 9.1.2015 passed in W.P. (S) No. 3228 of 2014, mainly on the ground that Annexures 1 to 4 of the review petition ought to have been taken into consideration while disposing of the said writ petition. It is also stated in the review petition that the writ Court ought to have restrained the respondents from filling up the vacancies available on the post of Executive Engineer and there is non-consideration of the pleadings and documents brought on record by the petitioner either in the main writ petition or through interlocutory application or through rejoinder or in view of the factual position admitted by the respondents, the impugned order dated 9.1.2015 passed in the aforesaid writ petition is erroneous and liable to be reviewed, as there is error apparent on the face of record.
(2.) Mr. Prem Pujari, J.C. to G.A., appearing for the respondents, has submitted that this review petition is not maintainable since the review petition is not maintainable as the scope of review jurisdiction is very limited. Moreover, Jharkhand Engineering Service Association, which has intervened in the aforementioned writ petition vide I.A. No. 6682 of 2014 and has been impleaded as respondent No. 4, ought to have been arrayed as party in this review petition. On that score, the instant review petition is liable to be dismissed in limine.
(3.) After perusing the review petition and the arguments advanced by Mr. A.K. Sahani, learned counsel for the petitioner and Mr. Prem Pujari, learned J.C. to G.A., appearing for the respondents, the instant review application is not entertainable since the scope of interference is very limited. Whatever may be the nature of the proceeding, it is beyond dispute that a review proceeding cannot be equated with the original hearing of the case and the finality of the judgment delivered by the Court will not be reconsidered except where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. In this connection, reference may be made to the case of Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi, 1980 AIR(SC) 674. Moreover, the impugned order dated 9.1.2015 has been passed with consent of the respective counsels appearing for the parties.;


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