SPA/47/2020
2022 Latest Caselaw 2724 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
         THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


             REVIEW APPLICATION (MCC NO. 1258 OF 2021)
                                     In

                 SPECIAL APPEAL NO. 47 OF 2020


                            29th AUGUST, 2022

Between:

Meeta Ghosh                           ......       Applicant / Appellant


and

State of Uttarakhand & others             ......          Respondents


Counsel for the appellant        :   Mr. Chetan Joshi, learned counsel


Counsel for the respondents      :   Mr. S.S. Chaudhary, learned Brief
                                     Holder for the State



The Court made the following:


JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



Delay Condonation Application No. 1259 of 2021


             Considering       the    fact     that   the   review

application has been filed in respect of an order

passed when the period of limitation was suspended

by the Supreme Court, delay in filing the review

application is condoned.
                                   2




2)           The present review application, being MCC

No. 1258 of 2021, has been preferred by the

appellant to seek review of the judgment dated

22.06.2020, passed by the Division Bench in aforesaid

Special Appeal No. 47 of 2020, preferred by the

appellant.


3)           The appellant had assailed the order dated

19.08.2019, rendered by the learned Singh Judge in

Writ Petition (S/S) No. 1940 of 2019. Learned Single

Judge had dismissed the writ petition on the premise

that the appellant did not have the marksheet of

having passed the M.A. in History, either on the date

of advertisement, or even on the date of interview.

The   advertisement        in     question   was    issued   on

04.01.2019, and the Selection Committee meeting,

wherein the appellant had participated, was held on

13.02.2019, whereas the marksheet of M.A.(History)

undergone       by   the        appellant    was    issued   on

12.03.2019.


4)           The respondent had taken the stand that

the confidential letter stated to have been issued by

the University on 12.01.2019, qua the appellant,

could not be treated as a marksheet.               The Division
                             3




Bench has concurred with the view taken by the

learned Single Judge, and dismissed the Special

Appeal.


5)        The submission of learned counsel for the

appellant / review-applicant is that the respondent

had acted on the confidential letter dated 12.01.2019,

and that is why, the appellant was called for interview

by the Selection Committee. He further submits that

the post of Lecturer (History) in C.N.I. Girls Inter

College, Dehradun, is still lying vacant.


6)        The submission advanced by the appellant /

review-applicant is on the merits, and the counsel is

not able to point out any error apparent on the face of

the record to invoke the jurisdiction of this Court to

review the judgment dated 22.06.2020.


7)        For the aforesaid reason, we dismiss the

review application.


                                      ________________
                                      VIPIN SANGHI, C.J.


                                            ___________
                                            R.C. KHULBE, J.

Dt: 29th AUGUST, 2022 Negi