S.M.P. Uchch Madhyamik School ... vs Bihar Vidayalaya Pariksha Samiti
2025 Latest Caselaw 2568 Patna

Patna High Court

S.M.P. Uchch Madhyamik School ... vs Bihar Vidayalaya Pariksha Samiti on 20 August, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Shailendra Singh

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CIVIL REVIEW No.134 of 2022
                                           In
                        Letters Patent Appeal No.866 of 2019
     ======================================================
     S.M.P. Uchch Madhyamik School Fatehpur, Gaya Dwara Unke Pracharya
     Rakesh Kumar, Ling- Male, Umra- 43 years, Pita- Mahadev Prasad, Niwasi-
     Gram- Khiri, Post- Jethian, Police Station - Atri, District - Gaya.

                                                                  ... ... Petitioner
                                       Versus

1.   Bihar Vidayalaya Pariksha Samiti Buddha Marg, Patna Dwara Unke
     Adyakashya.
2.   Adyakashya, Bihar Vidayalaya Pariksha Samiti, Patna.
3.   Sachiv, Bihar Vidayalaya Pariksha Samiti, Patna.

                                             ... ... Opposite Parties
     ======================================================
     Appearance :
     For the Petitioner/s     :   Mr. Indradeo Prasad, Advocate
     For the Opposite Party/s :   Mr.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE SHAILENDRA SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

      Date : 20-08-2025

                       Learned counsel for the Review Petitioner Mr.

      Indradeo Prasad, vehemently, argued.

                       2. The present case is to recall the order dated

      04.04.2022

passed in L.P.A. No. 875 of 2019. For the purpose of

reviewing the order of the co-ordinate Bench dated 04.04.2022

passed in L.P.A. No. 875 of 2019, he has to apprise certain

settled position insofar as reviewing the judicial order under

Order 47 Rule 1 of C.P.C. Hon'ble Supreme Court in the case of

S. Murali Sundaram vs. Jothibai Kannan & Ors. reported in Patna High Court C. REV. No.134 of 2022 dt.20-08-2025

2023 SCC OnLine SC 185 elaborately considered under what

circumstances Courts can review its own order. Recently in yet

another decision in the case of Sanjay Kumar Agarwal v. State

Tax Officer (1) & Anr. reported in 2023 SCC OnLine SC 1406

Supreme Court lays down eight principles to entertain Review

petition. Para 16 reads as under:-

"16. The gist of the afore-stated decisions is that:--

(i) A judgment is open to review inter alia if there is a mistake or an error apparent on the face of the record.

(ii) A judgment pronounced by the Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so.

(iii) An error which is not self-

evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record justifying the court to exercise its power of review.

(iv) In exercise of the jurisdiction under Order 47 Rule 1 CPC, it is not permissible for an erroneous decision to be "reheard and corrected."

(v) A Review Petition has a limited purpose and cannot be allowed to be "an appeal in disguise."

(vi) Under the guise of review, Patna High Court C. REV. No.134 of 2022 dt.20-08-2025

the petitioner cannot be permitted to reagitate and reargue the questions which have already been addressed and decided.

(vii) An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any long-drawn process of reasoning on the points where there may conceivably be two opinions.

(viii) Even the change in law or subsequent decision/judgment of a co- ordinate or larger Bench by itself cannot be regarded as a ground for review."

3. In view of the aforesaid facts and circumstances,

the petitioner could not apprise. Accordingly, the Civil Review

No. 134 of 2022 stands dismissed.

(P. B. Bajanthri, J)

( Shailendra Singh, J)

manish/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          22.08.2025
Transmission Date       NA