The High Court of Chhattisgarh dismissed a review petition filed by a petitioner challenging a prior order regarding his employment status and admission eligibility, holding it to be an appeal in disguise as it raised grounds not previously raised.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
REVP No. 153 of 2019
---- Petitioner
Versus
---- Respondents
Petition for review
(By circulation in Chamber)
Hon'ble Shri Justice Manindra Mohan Shrivastava
Hon'ble Smt. Justice Rajani Dubey
Order passed on 23/08/2019
Per Manindra Mohan Shrivastava, J.
Review of order dated 29/07/2019 has been sought on two counts. Firstly, the review petitioner has repeated those very grounds which were already considered and decided by this Court against the petitioner that he cannot be treated as in service candidate.
Secondly, new grounds have been taken that if the petitioner would not have been granted admission, he would have opted for other courses and further that even if the petitioner remained absent from service for a period of five years, then also, the services could not be terminated unless the same is approved by the appointing authority as per the provisions contained in Rule 10 of the Chhattisgarh Civil Services (Leave) Rules, 2010.
All through, during arguments raised before this Court, none of the additional grounds which are now being raised, were raised and which could be raised.
The review petition appears to be more an appeal in disguise and therefore, dismissed.
Sd/Sd/- (Manindra Mohan Shrivastava) ( Rajani Dubey) Judge Judge
Deepti
Dr. Prakash Jaiswal
State Of Chhattisgarh
The Director Medical Education Directorate
Dr. Someshwar Kahara
Manindra Mohan Shrivastava
Rajani Dubey
As recorded by the court registry
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