Citation : 2023 Latest Caselaw 3326 Kant
Judgement Date : 15 June, 2023
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NC: 2023:KHC:20622
RP No. 203 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
REVIEW PETITION NO. 203 OF 2022
BETWEEN:
COUNCIL FOR THE INDIAN SCHOOL
CERTIFICATE EXAMINATIONS,
PRAGATI HOUSE, 3RD FLOOR,
47-48, NEHRU PLACE,
NEW DELHI - 110 019.
REPRESENTED BY ITS
CHIEF EXECUTIVE AND SECRETARY,
SHRI GERRY ARATHOON.
...PETITIONER
(BY SRI. APPAIAH P. B., ADVOCATE)
AND:
Digitally MISS SIMRAN R.
signed by AGED ABOUT 18 YEARS,
JUANITA
THEJESWINI D/O SHRI. M.REZA,
Location: REPRESENTED BY HER FATHER,
HIGH
COURT OF MEHBOOB REZA,
KARNATAKA AGED ABOUT 51 YEARS,
R/AT NO.D-606,
CELESTIAL GREENS APTS.,
6, OLD MADRAS ROAD,
C.V. RAMAN NAGAR,
BANGALORE - 560 093.
...RESPONDENT
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NC: 2023:KHC:20622
RP No. 203 of 2022
THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W ORDER 47 RULE 1 OF THE CPC AND ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO REVIEW THE ORDER
DATED: 10.08.2021 PASSED BY THIS HON'BLE COURT IN W.P.
NO.11632/2020 AND GRANT SUCH OTHER AND FURTHER
RELIEFS AND PASS SUCH OTHER AND FURHTER ORDERS THAT
THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned counsel for the petitioner seeks to submit that
while this Court decided the writ petition based on a decision of
a Division Bench of Delhi High Court in the case of COUNSEL
FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATION
VS. AJAY JHURIA AND ANOTHER reported in 2012 SCC
ONLINE DELHI 3483, this Court did not notice the facts and
circumstances obtained in the said writ petition. In the said writ
petition, the facts were totally different from those in the
present case.
NC: 2023:KHC:20622 RP No. 203 of 2022
2. Even if the submission of the learned counsel for the
review petitioner is accepted, nevertheless, it would not
constitute an error apparent on the face of the record. A review
is permissible only when there is an error apparent on the face
of the record.
3. In that view of the matter, if the petitioner is of the
opinion that the decision based on the judgment of the Division
Bench of the Delhi High Court may not give the desired result,
the petitioner may take recourse for judicial review of the
judgment passed by this Court.
Consequently, the review petition stands dismissed.
In view of the disposal of the review petition,
I.A.No.1/2021 does not survive for consideration.
Sd/-
JUDGE
rv
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