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Council For The Indian School vs Miss Simran R
2023 Latest Caselaw 3326 Kant

Citation : 2023 Latest Caselaw 3326 Kant
Judgement Date : 15 June, 2023

Karnataka High Court
Council For The Indian School vs Miss Simran R on 15 June, 2023
Bench: R Devdas
                                        -1-
                                                 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
                                -2-
                                       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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