Gauhati High Court
Page No.# 1/23 vs The State Of Assam And 107 Ors on 23 May, 2023
Page No.# 1/23
GAHC010004852017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./141/2018
LONGSING TERANG and ANR
S/O- LATE KANIA TERANG, R/O- VILL- ENGLANG GAON, P.O-
RAJAPATHAR, DIST- KARBI ANGLONG, ASSAM, PIN- 782460
2: SRI TAPAN KHEMPRAI
S/O LT. JAWAHARLAL KEMPRAI
R/O VILL- HAJAGAPHER
P.O. FOREST BAZAR
P.S. KHERONI
DIST.KARBI ANGLONG
ASSAM
PIN- 78246
VERSUS
THE STATE OF ASSAM and 107 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
EDUCATION DEPTT, DISPUR, GHY- 06
2:THE KARBI ANGLONG AUTONOMOUS COUNCIL
REP. BY THE PRINCIPAL SECRETARY
DIPHU
KARBI ANGLONG
PIN - 782460.
3:THE DEPUTY SECRETARY (T) IN-CHARGE EDUCATION
KARBI ANGLONG AUTONOMOUS
DIPHU
PIN - 782460.
Page No.# 2/23
4:THE INSPECTOR OF SCHOOL
KARBI ANGLONG DISTRICT CIRCLE
DIPHU
PIN - 782460.
5:THE JOINT SECRETARY
EDUCATION DEPARTMENT (HIGHER) KARBI ANGLONG AUTONOMOUS
COUNCIL
DIPHU
KARBI ANGLONG
PIN- 782460
6:RAMESH SARMA
HEAD ASSISTANT OFFICE OF THE INSPECTOR OF THE INSPECTOR OF
SCHOOLS
KARBI ANGLONG
DIPHU
PIN - 782460.
7:SURESH GHOSH
PA TO THE INSPECTOR OF SCHOOLS
KARBI ANGLONG
DIPHU
PIN - 782460
8:B. PATHAK
HEAD ASSISTANT OFFICE OF THE INSPECTOR OF SCHOOLS
KARBI ANGLONG
DIPHU
PIN - 782460.
9:SRI RUPESH KUMAR DAS
OK- KERENG HIGH SCHOOL
P.O. OK- KERENG
DIST. HEAD ASSISTANT OFFICE OF THE INSPECTOR OF SCHOOLS KARBI
Page No.# 3/23
ANGLONG
PIN - 782456.
10:SMTI. RUPAMANI SARMA (BORA)
TUMPRENG H.S. SCHOOL
P.O. TUMPRENG
DIST. KARBI ANGLONG
PIN - 782452.
11:SRI REBA KANTA BORDOLOI
BHOKSONG HIGH SCHOOL
P.O. BHOKSONG
VIA- LOUPANI
DIST. KARBI ANGLONG
PIN -782435
12:SMTI. CHITRALEKHA BEYPI
HAMREN GIRLS HIGH SCHOOL
P.O. HAMREN
DIST. KARBI ANGLONG
PIN -782432
13:SMTI. JUNALI BARUAH
BORPATHAR HIGH SCHOOL
P.O. BORPATHAR
DIST. KARBI ANGLONG
PIN -782434
14:SRI JEEL KUJUR
KARKOK HIGH SCHOOL
P.O. KACHUPUKHURI
DIST. KARBI ANGLONG
PIN -782438
15:SMTI. KHAIRUN NESSA
DIPHU GOVT. BOYS H.S. SCHOOL
P.O. DIPHU
DIST. KARBI ANGLONG
PIN -782460
16:SMTI JONALI UZIR
DENGAON HIGH SCHOOL
Page No.# 4/23
P.O. DUAR BAMUNI
DIST. KARBI ANGLONG
PIN -782437
17:SRI KRISHNA PRASAD SARMA
HAWAIPUR HIGH SCHOOL
P.O. HAWAIPUR
DIST. KARBI ANGLONG
PIN -782446
18:SRI CHANDRA KANTA NATH
RONGKUT HIGH SCHOOL
P.O. RONGKUT
DIST. KARBI ANGLONG
PIN -782448
19:SRI HOMESWAR PATHAK
DILLAI HIGH SCHOOL
P.O. DILLAI
DIST. KARBI ANGLONG
PIN -782447
20:SRI BAPAN DAS
MENMEJI HIGH SCHOOL
P.O. MENMEJI
DIST. KARBI ANGLONG
PIN -782478
21:SRI JANATHAN ENGTI
HAMREN GOVT. H.S. SCHOOL
P.O. HAMREN
DIST. KARBI ANGLONG
PIN -784475
22:SRI GOURI SANKAR DHEKIAL PHUKAN
SARIHAJAN HIGH SCHOOL
P.O. SARIHAJAN
DIST. KARBI ANGLONG
PIN -782478
23:SRI BINOY SINGHA
HAWAIPUR HIGH SCHOOL
Page No.# 5/23
P.O. HAWAIPUR
DIST. KARBI ANGLONG
PIN -782446
24:SRI PRANJIT GOGOI
BALIPATHAR H.S. SCHOOL
P.O. BALIPATHAR
DIST. KARBI ANGLONG
PIN -782448
25:SRI HIMANGSU SARMA
DENGAON HIGH SCHOOL
P.O. DUAR BAMUNI
DIST. KARBI ANGLONG
PIN -782446
26:SRI HARENDRA KUMAR NATH
DONKAMOKAM HIGH SCHOOL
P.O. DONKAMOKAM
DIST. KARBI ANGLONG
PIN -782447
27:SRI ASHIM SANYAL
B.K.B. PARKUP PAHAR H.S. P.O. PARKUP PAHAR
DIST. KARBI ANGLONG
PIN -782447
28:SRI RANJAN SARMA
DEOPANI HIGH SCHOOL
P.O. DEOPANI
DIST. KARBI ANGLONG
PIN -782457
29:SRI ARNAB KUMAR BORA
RANGSINA HIGH SCHOOL
P.O. KHERONI
DIST. KARBI ANGLONG
PIN -782446
30:SRI RAJU NAYAR
LONGNIT HIGH SCHOOL
Page No.# 6/23
P.O. LONGNIT
DIST. KARBI ANGLONG
PIN -782466
31:SRI JINTU MONI PHUKAN
MAILOO ASSAMESE H. SCHOOL
P.O. MAILOO
DIST. KARBI ANGLONG
PIN -782467
32:SRI GOPAL MAJUMDER
BORNEWRIA M.E. SCHOOL
P.O. BORNEWRIA
DIST. KARBI ANGLONG
PIN -782444
33:SRI DURGA PRASAD UPADHAYA
DHANSIRI HIGH SCHOOL
P.O. DHANSIRI
DIST. KARBI ANGLONG
PIN -782443
34:KANCHAN DEVI
BAITHALANGSO H.S. SCHOOL
P.O. BAITHALANGSO
DIST. KARBI ANGLONG
PIN -782473
35:SRI SIDHARTHA DEB
HAMREN GOVT. H.S. SCHOOL
P.O. HUMREN
DIST. KARBI ANGLONG
PIN -782477
36:SRI RADHA GOBINDA CHAKRABORTY
DOKMOKA H.S. SCHOOL
P.O. DOKMOKA
DIST. KARBI ANGLONG
PIN -782478
37:SRI DHANTI MEDHI
BAKALIAGHAT H.S. SCHOOL
P.O. BAKALIAGHAT
Page No.# 7/23
DIST. KARBI ANGLONG
PIN -782481
38:SRI SRIKANT SINGH
GOVT. HINDI TEACHERS TRAINING CENTRE DIPHU
P.O. DIPHU
DIST. KARBI ANGLONG
PIN -782466
39:SRI SUBRATA ROY
VIVEKANANDA M.E. SCHOOL
P.O. BOKAJAN
DIST. KARBI ANGLONG
PIN -782480
40:SMTI RITANJALI PATHAK
KHORSING TERANG H/SCHOOL
P.O. JAPARAJAN
DIST. KARBI ANGLONG
PIN -782446
41:SRI GREGORY LAKRA
KHORSING TERANG H/SCOOL
P.O. JAPARAJAN
DIST. KARBI ANGLONG
PIN -782446
42:SMTI. SANTA CHETRY
DIPHU GOVT. BOYS H.S. SCHOOL
P.O. DIPHU
DIST. KARBI ANGLONG
PIN -782460
43:SRI NABIN KILLING
DIPHU GOVT. BOYS H.S. SCHOOL
P.O. DIPHU
DIST. KARBI ANGLONG
PIN -782460
44:SRI SANJOY PHANGCHO
BAKALIAGHAT GOVT. M.V. SCHOOL
P.O. BAKALIAGHAT
DIST. KARBI ANGLONG
PIN -782482
Page No.# 8/23
45:SMTI. NISSO TERANGPI
BAKALIAGHAT H.S. SCHOOL
P.O. BAKALIAGHAT
DIST. KARBI ANGLONG
PIN -782482
46:SRI RAM CHANDRA TIMUNG
BAKALIAGHAT H.S. SCHOOL
P.O. BAKALIAGHAT
DIST. KARBI ANGLONG
PIN -782482
47:SRI DAMAN BASUMATARY
LANGHIN PAMGAON H/SCHOOL
P.O. LANGHIN
DIST. KARBI ANGLONG
PIN -782472
48:SRI PRABIN BASUMATARY
LANGHIN PAMGAON H/SCHOOL
P.O. LANGHIN
DIST. KARBI ANGLONG
PIN -782472
49:SRI SATYAJIT SONAR
LANGHIN PAMGAON H/SCHOOL
P.O. LANGHIN
DIST. KARBI ANGLONG
PIN -782472
50:SMTI. NANDITA RONGPIPI
MERROK GOVT. M.E. SCHOOL
P.O. DUAR BAMUNI
DIST. KARBI ANGLONG
PIN -782477
51:SMTI. MONALISA BORDOLOI
BAKALIAGHAT GOVT. M.V. SCHOOL
P.O. BAKULIAGHAT
DIST. KARBI ANGLONG
PIN -782481
Page No.# 9/23
52:SRI HABAKUK BEY
UMKHYRMI GOVT. M.E. SCHOOL
P.O. ZIRIKINDING
DIST. KARBI ANGLONG
PIN -782478
53:SMTI. SMITA ENGTIPI
RAJAPATHAR HIGH SCHOOL
P.O. RAJAPATHAR
DIST. KARBI ANGLONG
PIN -782465
54:SRI PARTHA PRATIM GHOSH
BINAPANI HIGH SCHOOL
P.O. DIPHU
DIST. KARBI ANGLONG
PIN -782460
55:SMTI. MINATI PATHAK
VIVEKANANDA M.E. SCHOOL
P.O. BOKAJAN
DIST. KARBI ANGLONG
PIN -782480
56:SRI JENSING ENGLENG
JALUKLANGTENG ME SCHOOL
P.O. AMTERENG
DIST. KARBI ANGLONG
PIN -782479
57:SMTI. MANJU KUMARI
LANGCHOLIATE HINDI M.E. SCHOOL
P.O. LANGCHOLIATE
DIST. KARBI ANGLONG
PIN -782478
58:SRI RANJIT TERONG
RONGPONGBONG GANDHI
MEMORIAL M.E. SCHOOL
P.O. HAMREN
DIST. KARBI ANGLONG
Page No.# 10/23
PIN -782476
59:SMTI. KAUSALYA SAIKIA
SILDUBI M.E. SCHOOL
P.O. SILDUBI
DIST. KARBI ANGLONG
PIN -782460.
60:SRI HEMAI PHANGCHO
RONGBONGGHAT M.E. SCHOOL
P.O. BAKIA (LETEKUJAN)
DIST. KARBI ANGLONG
PIN - 782481.
61:SMTI. RITU RANI DEVI
TARADUBU M.E. SCHOOL
P.O. TARADUBI
DIST. KARBI ANGLONG
PIN - 782481
62:SRI SIKARI BEY
VOSOKOIDA ENGLISH M.E. SCHOOL
P.O. DONKAMOKAM
DIST. KARBI ANGLONG
PIN - 782441
63:SMTI. ARCHANA SAIKIA
THONGNOKBE M.E. SCHOOL
NEAR SIVAMANDIR
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460.
64:SRI PURNA HANSE
SARISUTI M.E. SCHOOL
P.O. CHOWKIHOLA
DIST. KARBI ANGLONG
PIN - 782441
65:SRI PABAN GOGOI
KOILAJAN D.A. M.E. SCHOOL
Page No.# 11/23
P.O. KOILAJAN
DIST. KARBI ANGLONG
PIN - 782435
66:SMTI ROMOLA ENGTIPI
DIPHU GOVT. GIRLS H/SCHOOL
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
67:SMTI. UMA DEVI
RONGKARBI M.E. SCHOOL
P.O. HUMRAN
DIST. KARBI ANGLONG
PIN - 782473
68:SRI MUKESH KUMAR GHOSH
BINAPANI VIDYALAYA M.E. SCHOOL
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
69:SRI BASANTA KUMAR BORAH
BADONG GOVT. ME SCHOOL
P.O. HAMREN
DIST. KARBI ANGLONG
PIN - 7824
70:SMTI. LALITA TALUKDAR
CHOWKIHOLA HIGH SCHOOL
P.O. CHOWKIHOLA
DIST. KARBI ANGLONG
PIN - 782475
71:RAKESH TIMUNG
RONGKOROI M.E. SCHOOL
P.O. SATGAON
DIST. KARBI ANGLONG
PIN - 782474
72:SMTI. SEEMA DEBNATH
Page No.# 12/23
RONGKOROI M.E. SCHOOL
P.O. SATGAON
DIST. KARBI ANGLONG
PIN - 782474
73:SMTI. DIPTI TIMUNGPI
HAWAIPUR HIGH SCHOOL
P.O. HAWAIPUR
DIST. KARBI ANGLONG
PIN - 782446
74:SRI ASWINI PATHAK
LUMBAJONG ME SCHOOL
P.O. LONGNIT
DIST. KARBI ANGLONG
PIN - 782484
75:SMTI. CHAMPA DEVI
KARKOK HIGH SCHOOL
P.O. KACHUPUKHURI
DIST. KARBI ANGLONG
PIN - 782488
76:SRI KAMAL CHANDRA BASUMATARY
PADUMPUKHURI M.E. SCHOOL
P.O. PHULONI
DIST. KARBI ANGLONG
PIN - 782481
77:SRI SURYA KANTA PRAZAPATI
PUTSARI M.E. SCHOOL
P.O. PUTSARI
DIST. KARBI ANGLONG
PIN - 782464
78:SRI RAJENDRA KUMAR BHUJEL
RONGHIDI M.E. SCHOOL
P.O. HUMRAN
DIST. KARBI ANGLONG
PIN - 782460
79:SMTI. SEEMA MAJUMDAR SAIKIA
MENMEJI HIGH SCHOOL
Page No.# 13/23
P.O.MENMIJI
DIST. KARBI ANGLONG
PIN - 782459
80:SRI DINESH KATHAR
HOWRAGHAT GOVT. M.E. SCHOOL
P.O.HOWRAGHAT
DIST. KARBI ANGLONG
PIN - 782457
81:SRI VINOD KUMAR CHOUHAN
PANJAN M.E. SCHOOL
P.O. BHITOR KOLIONI
DIST. KARBI ANGLONG
PIN - 782454
82:SMTI. LIKUMONI MAHANA
LANGHIN GOVT. M.E. SCHOOL
P.O.LANGHIN
DIST. KARBI ANGLONG
PIN - 782451
83:SMTI. PURBALI GOGOI
OK - KERANG HIGH SCHOOL
P.O. OK- KERENG
DIST. KARBI ANGLONG
PIN - 782453
84:SMTI. SUSMITA DEBNATH
RONGKUT HIGH SCHOOL
DIST. KARBI ANGLONG
PIN - 782460
85:SRI ASH BAHADUR CHETRY
DHANSIRI HIGH SCHOOL
P.O. DHANSIRI
DIST. KARBI ANGLONG
PIN - 782452
86:SMTI. DEEPA DEVI GOSWAMI
LANGHIN GIRLS HIGH SCHOOL
P.O.LANGHIN
Page No.# 14/23
DIST. KARBI ANGLONG
PIN - 782455
87:SRI ACHYUT KAKATI
D.C. COLONY
NEAR HOME
GUARD OFFICE
DIPHU
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
88:SRI MINDOR TERON
C/O M.S. TERON RUKASEN DIPHU
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
89:SMTI. SWARNALEE GOGOI
VILL AND P.O. BOKAJAN
DIST. KARBI ANGLONG
PIN - 782480
90:SRI SANJU BORA
VILL- AND P.O. BOKAJAN
DIST. KARBI ANGLONG
PIN - 782489
91:SRI ANUP KUMAR ROY
VILL AND P.O. BAITHALANGSO
DIST. KARBI ANGLONG
PIN - 782458
92:SRI DAYANAND RONGPI
VILL AND P.O. BAITHALANGSO
DIST. KARBI ANGLONG
PIN - 782458
93:SRI NIZAMUDDIN AHMED
C/O ABU MD. RAFIQUE
TREASURY OFFICE
DIPHU
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
Page No.# 15/23
94:SRI UMA SANKAR TERON
VILL- RONGKHELAN
DIPHU
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
95:SRI PARTHA HAJARIKA
VILL AND P.O. BAKALIAJAN
DIST. KARBI ANGLONG
PIN - 782480
96:SRI VINOD VERMA
VILL- SHANKARBASTI
P.O. BORLANGFAR
DIST. KARBI ANGLONG
PIN - 782455
97:SRI BIDHAN RANJAN PURKAYASTHA
C/O B.S. PURKAYASTHA
CONGRESS (I) OFFICE
DIPHU
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460.
98:SRI ANGJOK RONGPIPI
NEAR AMOLAPATTY L.P. SCHOOL
DIPHU
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
99:SRI PHILIPSON BEY
C/O SRI RITOR BEY
DISTRICT AGRICULTURE OFFICE
DIPHU
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
100:BIKASH HAANU
VILL- ADARSHA GAON
P.O. DHANSIRIPUR
DIST. KARBI ANGLONG
101:SMTI. MOUSUMI BORAH
Page No.# 16/23
VILL AND P.O. MOUSUMI BORAH
VILL AND P.O. ERADIGHALPANI
VIA HOWRAGHAT
DIST. KARBI ANGLONG
PIN - 782481
102:SMTI. MALINI PHANGSOPI
VILL- AND P.O. LURULANGSO
DIPHU
DIST. KARBI ANGLONG
PIN - 782460
103:SRI DAKIRAM TOKBI
C/O COUNCIL COLONY DIPHHU
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
104:SMTI. BASAPI ENGTPI
VILL- RONGTHEAN
P.O. DIPHU
DIST. KARBI ANGLONG
PIN - 782460
105:SRI BHISSMA PAHAL
VILL- MUGASANG
P.O. TUMPRENG
DIPHU
DIST. KARBI ANGLONG
PIN - 782478
106:PRADIP PHANGCHO
VILL AND P.O. SATGAON
DIST. KARBI ANGLONG
PIN - 782480
107:SRI RANJIT KUMAR BORAH
VILL- PAMGAON
P.O. LANGHIN
DIST. KARBI ANGLONG
PIN - 782480
108:SRI PALASH BORA
VILL AND P.O. BOKAJAN
DIST. KARBI ANGLONG
PIN - 78248
Page No.# 17/23
BEFORE
Hon'ble MR. JUSTICE SANJAY KUMAR MEDHI
JUDGMENT & ORDER
Advocate for the petitioners: Shri P.K. Roy Choudhury, Advocate
Advocates for respondents : Shri J. Chutia, SC, KAAC, Advocate.
Shri M.K. Boro, Advocate,
Shri M. Agarwalla, Advocate,
Shri M. Mahanta, Advocate and
Shri P. Hazarika, Advocate.
Date of hearing : 23.05.2023
Date of judgment : 23.05.2023
1. Heard Shri P.K. Roy Choudhury, learned counsel for the applicants, who by
means of this application has prayed for review of the judgment and order
dated 18.08.2016 passed in WP(C)5660/2009. Also heard Shri J. Chutia, learned
Standing Counsel, KAAC, Shri M.K. Boro, learned counsel appearing for the
respondent nos. 9, 14, 29, 37, 44, 47, 48, 60, 75, 77, 80 & 81, Shri M.
Agarwalla, learned counsel appearing for the respondent nos. 10, 17, 27, 34, 49,
52, 57, 59, 65, 67, 73 & 78, Shri M. Mahanta, learned counsel appearing for the
respondent nos. 12, 13, 15, 21, 43, 46, 50, 51, 53, 55, 66, 68, 74, 82, 83, 85 &
86, and Shri P. Hazarika, learned counsel appearing for the respondent nos. 22,
24, 28, 31, 42 & 63.
2. Two applicants have preferred this review against the aforesaid judgment
Page No.# 18/23
as mentioned. The principal ground of review is that a particular point urged in
the writ petition was not considered at all while the judgment dated 18.08.2016
was delivered. It is contended that there were a bunch of writ petitions which
were disposed of by the common judgment and order dated 18.08.2016.
3. Shri P.K.R. Choudhury, the learned counsel for the applicants has submitted
that a categorical point taken in the writ petition was that in the impugned
selection for the posts of Assistant Teacher in the Karbi Anglong Autonomous
Council, reservation was not followed which was in violation of the statute. It
has further been contended that in the affidavit-in-opposition filed by the Karbi
Anglong Autonomous Council, the said point instead of being disputed, was, to
the contrary admitted. He, therefore, contends that the entire selection was
vitiated due to non-following of the reservation policy which is mandatory in
nature. He submits that the learned Single Judge while passing the aforesaid
judgment did not even consider the aforesaid aspect which was in fact an
admitted position. The learned counsel has already drawn the attention of this
Court to an order dated 10.02.2017 passed by the Hon'ble Division Bench in
Writ Appeal 38/2017 whereby a liberty was given to the appellants in that case
to prefer a review.
4. Shri Roy Choudhury, the learned counsel for the applicants submits that
when a point of law was urged and was not considered in spite of the point
being conceded by the contesting respondents, the judgment in question is
liable to be reviewed in the interest of justice.
5. Refuting the aforesaid submissions, Shri J. Chutia, the learned Standing
Page No.# 19/23
Counsel, KAAC has submitted that the present application for review is not
maintainable for more than one reason. By drawing the attention of this Court
to the review petition, he submits that though the judgment dated 18.08.2016
was a common judgment, the review was sought for only in respect of
WP(C)/5660/2009 in which the applicant no. 1- Longsing Terang was not even a
petitioner. He submits that so far as the applicant no. 2 is concerned namely,
Shri Tapan Khemprai, though he was a petitioner in WP(C)/5660/2009, there is
no statement that the applicant no. 2 belonged to the Scheduled Tribe category.
6. By drawing the attention of this Court to the pleadings made in paragraph
nos. 27 & 28 of the writ petition, Shri Chutia, the learned Standing Counsel has
submitted that only a general statement has been made regarding the
application of the Reservation Act and the Rules.
7. Shri Chutia, the learned Standing Counsel further submits that even
overlooking the aforesaid aspect of the matter, the appointment order dated
27.11.2009 which was annexed to the writ petition would show that 17 persons
were appointed against the 17 numbers of vacancies which were in order of
merit. To buttress his argument, attention of this Court has also been drawn to
the Select List prepared, in which the position of the application no. 2 was 35
and there were a number of persons in the ST category above the petitioners
who were also not appointed. He submits that in any case, the reservation being
only 5 % would have constituted one post which would not give any relief to the
applicant no. 2. He further submits that the advertisement in question had made
it clear that the Reservation Policy would be followed and in fact three persons
belonging to the reserved category of ST (H) were amongst the persons
Page No.# 20/23
appointed. He submits that apart from the fact that the present application is
not maintainable, no fruitful purpose would be served and the applicants would
not be benefitted in any way even if the review petition is allowed.
8. The learned counsel for the private respondents while endorsing the
submissions made by the learned Standing Counsel of the Council have
submitted that no faults can be attributed to their clients inasmuch as their
selection was done in accordance with merits and in fact there is no allegation
of any nature against their selection and the challenge is only pertaining the
issue of following the Reservation Policy.
9. Rejoining his submissions, Shri Roy Choudhury, the learned counsel for the
applicants has submitted that there were a number of writ petitions and though
only one writ petition has been mentioned in this review petition, since the
judgment and order is a common one, the first objection in not tenable. He
submits that in any case, so far as the applicant no. 2 is concerned, he was a
petitioner in the concerned writ petition and therefore, it cannot be said that the
review petition is not maintainable, more so, when liberty was granted to the
applicants by the Hon'ble Division Bench to prefer a review. He has also drawn
the attention of this Court to the averments made in the affidavit-in-opposition
of the Council dated 10.02.2010 wherein the allegations of not following the Act
in question have been admitted.
10. The rival submissions made by the learned counsel for the parties have
been duly considered and the materials placed before this Court have been
examined.
Page No.# 21/23
11. The power of review is to be exercised on extra ordinary circumstances
and only in a case which falls within the contours of the provisions relating to
review.
12. In the case of Kamlesh Verma Vs. Mayawati & Ors. reported in (2013) 8 SCC
320, the following have been laid down by the Hon'ble Supreme Court:
"20. Thus, in view of the above, the following grounds of review are
maintainable as stipulated by the statute:
20.1. When the review will be maintainable:
(i) Discovery of new and important matter or evidence which,
after the exercise of due diligence, was not within knowledge of
the petitioner or could not be produced by him;
(ii) Mistake or error apparent on the face of the record;
(iii) Any other sufficient reason.
The words "any other sufficient reason" have been interpreted in Chhajju
Ram v. Neki and approved by this Court in Moran Mar Basselios
Catholicos v. Most Rev. Mar Poulose Athanasius to mean "a reason
sufficient on grounds at least analogous to those specified in the rule".
The same principles have been reiterated in Union of India v. Sandur
Manganese & Iron Ores Ltd.
20.2. When the review will not be maintainable:
(i) A repetition of old and overruled argument is not enough to
reopen concluded adjudications.
(ii) Minor mistakes of inconsequential import.
Page No.# 22/23
(iii) Review proceedings cannot be equated with the original
hearing of the case.
(iv) Review is not maintainable unless the material error, manifest
on the face of the order, undermines its soundness or results in
miscarriage of justice.
(v) A review is by no means an appeal in disguise whereby an
erroneous decision is reheard and corrected but lies only for
patent error.
(vi) The mere possibility of two views on the subject cannot be a
ground for review.
(vii) The error apparent on the face of the record should not be an
error which has to be fished out and searched.
(viii) The appreciation of evidence on record is fully within the
domain of the appellate court, it cannot be permitted to be
advanced in the review petition.
(ix) Review is not maintainable when the same relief sought at the
time of arguing the main matter had been negatived."
13. In the recent decision dated 18.08.2022 in the case of S Madhusudhan Reddy
Vs. V Narayana Reddy & Ors . reported in (2022) SCC OnLine 1034, a Three Judges'
Bench of the Hon'ble Supreme Court has reiterated the aforesaid law laid down in the
case of Kamlesh Verma (supra).
14. In the instant case, the primary ground of review is that a point which was
taken up in the writ petition was not considered by the learned Single Judge
while disposing of the writ petition vide the common judgment and order dated
18.08.2016.
Page No.# 23/23
15. It is a settled position of law that points which were not extremely dealt
with by a Court and not specifically find mention in the judgment, are deemed
to have been considered and rejected. In this connection, reference may be
made to the case of Central Bank of India & Ors. vs. Dragendra Singh Jadon
reported in (2022) 8 SCC 378. Under those circumstances, this Court is not able
to accept to the contention made on behalf of the applicants that the judgment
and order in question is liable to be reviewed. Even otherwise, the facts and
circumstances as narrated above are such that no case for review is made out
and no fruitful purpose would be served even if this Court decides to re-hear the
petition as the position of the applicant no. 2 was 35 in the select list and there
were only 17 numbers of post which were filled up. This Court has also noted
the submissions made on behalf of the Council that there are persons above the
petitioners who were also not offered appointment and had belonged to the
Scheduled Tribe category. The learned Standing Counsel of the Council has also
submitted that amongst the candidates who were appointed, there were three
numbers of candidates belonging to the ST (H) category.
16. Under those facts & circumstances, this Court is of the opinion that no case
for review is made out. Accordingly, the same stands dismissed.
JUDGE
Comparing Assistant
