Excelsior Correspondent
SRINAGAR, Apr 22: High Court today dismissed four review petitions filed by the candidates whose selection for the post of teachers was quashed and the petitions filed by the recruitment board seeking review of judgment passed by the court earlier.
A Division Bench of the High Court comprising Justice Hasnain Masoodi and Justice Ali Mohammad Magrey after hearing counsels dismissed all the four review petitions by way of a common judgment.
“At the very outset it needs to be kept in mind that review jurisdiction of the court is limited, as such we are of the considered view that the pleas taken therein do not constitute a ground for review of the judgment,” the court said.
The writ court on December, 2012 had quashed the selection of about 563 candidates for the post of teacher in Kupwara district which was challenged by the selectees before the Division Bench.
The DB had dismissed the LPAs on May, 2013 upholding the writ court judgment passed on December, 2012.
The petitioners in these review petitions had taken the grounds for review of Division Bench judgment that the findings recorded by the court are not legally tenable and are perverse and unacceptable.
The court in this view observed “we do not see any error apparent on the face of the record in the judgment, these review petitions are therefore, dismissed” further adding “that the judgment may be wrong, erroneous, incorrect, perverse, legally tenable, etc, but the only course available for the party is to go in appeal.”
Turning down the arguments and pleas taken in the review petitions filed by recruitment board, the court said “Neither the State not the board had filed any appeal against the writ court judgment, whereby the selection list was quashed, and had, thus accepted the judgment and realized its mistake.”
Referring the judgment of Supreme Court, wherein is has been held that if in exercise of powers under Article 226 of Constitution, the High Court has committed a mistake, it has the plenary power to correct its mistake, but “we do not find any misconception of law or any mistake having crept in the instant judgment on part of the court, as such there is not any sufficient reason which would warrant review of judgment.”
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