WPSB/622/2021
2022 Latest Caselaw 3109 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                        COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      23.09.2022
                                        WPSB No.622 of 2021
                                        In
                                        Review Application (MCC No. 3 of 2022)
                                        Delay Condonation Application (I.A. No. 4 of 2022)
                                        Shri S. K. Mishra, J.

Shri R.C. Khulbe, J.

Shri S.S. Yadav, the learned counsel for the petitioner.

Mr. Pradeep Joshi, learned Additional Chief Standing Counsel for the State/respondent nos.1, 2 and 4.

Mr. Vikas Pande, learned counsel for the respondent no.3.

Two applications are filed. One for the condonation of delay of 90 days and second for review of the order passed by us.

Delay Condonation Application (I.A. No. 4 of 2022)

Mr. Pradeep Joshi, learned Additional Chief Standing Counsel would submit that the delay has been caused due to movement of file from one office to another office.

That is not a good ground for condonation of delay.

Accordingly, Delay Condonation Application (I.A. No. 4 of 2022) is rejected.

Review Application (MCC No. 3 of 2022)

Coming to the merit also there is no merit in the review application as the learned Additional Chief Standing Counsel would argue before us that this case does not come within the three parameters set under Order 47 Rule 1 of the Code of Civil Procedure, 1906 that there is an error apparent on the face of the judgment or that any additional fact has come to the knowledge of the applicant.

The learned Additional Chief Standing Counsel would submit that the case of the petitioner is that he became eligible for promotion in the year 2020 and therefore, the case cannot be considered in light of 2010 Notification of the UGC because of the issuance of the 2018 Notification. However, that will be re-appreciation of the facts of the case and a review application is not an appeal.

We don't find any merit in the review application.

Review application (MCC No.03 of 2022) is rejected.

(R.C. Khulbe, J.)                (S. K. Mishra, J.)
  23.09.2022                       23.09.2022
SK/RB