JUDGEMENT
PRAMATH PATNAIK, J. -
(1.) This civil review application has been filed praying inter alia, to review/modify order dated 20.01.2017 passed in W.P. (S) No. 2943 of 2016,
on the ground that the certain observations made in the impugned order has
been made bereft of the record inadvertently and those errors are apparent on
the face of record.
(2.) Learned counsel for the petitioner submitted that in paragraph 5 of the impugned order, it has been observed that "the notification dated 02.08.2011
vide Annexure -R/1 to the counter affidavit of respondent no. 1 indicates that
the valid tenure of the petitioner's membership in Suryamukhi Dinesh
Ayurvedic Medical College, which is affiliated with Vinoba Bhave
University, Hazaribagh, is 05.07.2011 to 05.07.2016." In this regard, it has
been submitted that from perusal of aforesaid observation, it suggests that
the tenure of the petitioner as a member of Suryamukhi Dinesh Ayurvedic
Medical College, is for five years but the fact is that the petitioner is selected
to term of membership in Central Council of Indian Medicine (in short
CCIM for the sake of convenience) on being elected under Section 3(1)b of
the Indian Council of Central Medicine Act , 1970.
(3.) Learned counsel for the petitioner further submitted that in paragraph 5 of the impugned order it has further been observed that "the present case does not pertain to terms of member of CCIM but the issue relates to faculty
tenure of the petitioner, which is requisite qualification under the statute to
continue as a member of the College under Section 3 (1) (b) of the IMCC
Act, 1970." Learned counsel for the petitioner submitted with vehemence
that there was no dispute regarding continuance as a faculty member of
College and aforesaid observations at paragraph 5 of the impugned judgment
is bereft of the record and same is required to be deleted/modified.;
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