Asha Ram Gurjar vs State Of Rajasthan ...
2023 Latest Caselaw 3023 Raj

[2023/RJJD/009892] (1 of 3) [WRW-20/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Review Petition (Writ) No. 20/2023

Asha Ram Gurjar S/o Ganpat Lal Gurjar, Aged About 33 Years, R/o Pathik Nagar Ii, Tehsil Bijoliya, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Elementary Education, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Department Of Elementary Education, Bikaner.

3. The District Education Officer, Department Of Elementary Education, Bundi (Raj.).

4. The Chief Executive Officer, Zila Parishad, District Bundi, Rajasthan.

                                                                  ----Respondents


For Petitioner(s)           :    Mr. Sunil Joshi
For Respondent(s)           :    Mr. Pankaj Sharma, AAG with
                                 Mr. Deepak Chandak



                      JUSTICE DINESH MEHTA

                                      Order

13/04/2023

1. By way of instant review petition, the petitioner has prayed

that the order under consideration dated 29.03.2023 passed by

this Court be reviewed because due to inadvertence the judgment

of Hon'ble the Supreme Court dated 28.10.2021 in Rajneesh

Kumar Pandey & Ors. Vs. Union of India & Ors. (Writ Petition(s)

(Civil) No(s).132/2016 could not be brought to the notice of this

Court when the order under review was passed.

[2023/RJJD/009892] (2 of 3) [WRW-20/2023]

2. Mr. Pankaj Sharma, learned Additional Advocate General

submitted that the fact that the judgment of Hon'ble the Supreme

Court in the case of Rajneesh Kumar (supra) was not cited by the

petitioner/counsel for the petitioner cannot be said to be a case of

apparent error on the face of record, for which, the petitioner can

invoke review jurisdiction of this Court.

3. Mr. Sunil Joshi, learned counsel for the petitioner invited

Court's attention towards the Full Bench decision of Himachal

Pradesh High Court in the case of the Nalagarh Dehati Co-

operative Transport Society Ltd., Nalagarh Vs. Beli Ram and Ors.,

decided on 29.08.1980 and submitted that if a law laid down or

existing decision of the Supreme Court has not been taken into

consideration by the High Court, it amounts to mistake or error

apparent on face of the record and the same is a ground for

review.

4. Heard learned counsel for the parties and perused the

material available on record.

5. A simple look at the order under consideration dated

29.03.2023 shows that this Court has simply covered the case of

the petitioner by Division Bench's judgment dated 14.12.2022

rendered in the case of Usha Kumari & Ors. Vs. State of Rajasthan

& Ors. (D.B. Special Appeal Writ No.149/2022 and other

connected matters). Neither any arguments were advanced nor

any distinctions were pointed out by the petitioner, hence there

was no occasion for this Court to deal with the judgment in the

case of Rajneesh Kumar (supra).

6. If at all there was something to be considered in light of the

judgment of the Hon'ble Supreme Court in the case of Rajneesh

[2023/RJJD/009892] (3 of 3) [WRW-20/2023]

Kumar (supra), the same was to be cited before and considered by

the Division Bench of this Court, which decided bunch of petitions

led by Usha Kumari's case and not by this Court.

7. If the argument of learned counsel for the petitioner is

accepted, then, it would amount to commenting upon the

correctness of Division Bench's judgment in the case of Usha

Kumari (supra), which is otherwise binding on this Court.

8. In view of the aforesaid, this Court does not find any reason

or ground to review its order dated 29.03.2023.

9. The review petition is, therefore, fails.

(DINESH MEHTA),J 11-Arvind/-

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