Hitesh Kumar vs State And Others
2021 Latest Caselaw 1103 j&K/2

                                                                                       Regular
                                                                                       S. No. 9




              HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT SRINAGAR
                                                                                   RPSW 19/2018
           Hitesh Kumar
                                                                         ... Petitioner/Appellant(s)
           Through: Mr. Parvaiz Nazir, Advocate

                                          V/s
           State and others
                                                                              ... Respondent(s)
           Through: Mr. B. A. Dar, Sr. AAG

           CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                                  ORDER

17-09-2021 This is a review petition directed against the judgment dated 3.10.2018 passed in SWP no. 1990/2017. Review of the judgment has been sought primarily on the ground that the writ petition was dismissed by a bench of this court only on the basis of statement made by learned counsel for the respondents that the petitioner had not made the grade in the written test.

Learned counsel for the petitioner submits that the cut-off in the written test under the SC category is 29 points, whereas the petitioner has secured 40 points and, therefore, he has qualified the test.

Mr. Dar, learned Sr. AAG while opposing the review petition submits that no doubt the petitioner has qualified the written test but he is not eligible to be considered for appointment for the reason that he does not meet the requisite physical requirement.

Having heard learned counsel for the parties and perused the record, I am of the view that the writ petition could not have been disposed of on the ground that the petitioner had not made the grade in the written test, rather the same could have been considered on merits. There is error apparent on the face of the record which calls for recalling of the order dated 3.10.2018.

This review petition is allowed and order dated 3.10.2018 is reviewed. Accordingly, writ petition, SWP 1990/2017, is restored to its original number.

Registry to list the writ petition on 27.10.2021.

(SANJEEV KUMAR) JUDGE Srinagar 17-09-2021 NISSAR A BHAT 2021.09.21N11:12 Ahmad I attest to the accuracy and integrity of this document