Review petitions challenging an interim order were dismissed by the Kerala High Court as they failed to establish any error apparent on the face of the record under Order 47 Rule 1 and Section 114 of the Code of Civil Procedure.
The three review petitions filed against the interim order dated 15.11.2017 were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
RP.No. 117 of 2018
-----------------AGAINST THE ORDER IN WP(C) 27157/2017 DATED 15.11.2017
------------
REVIEW PETITIONER/1ST RESPONDENT
THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, P.O. THENHIPALAM, MALAPPURAM-673636.
BY ADV.SRI.C.P.MOHAMMED NIAS
RESPONDENT(S)/PETITIONER AND RESPONDENTS 2 AND 3:
1. SMT. PRASEETHA C. MOHAN, W/O. SUNIL KUMAR, PRATHEEKSHA, SOUTH VAZHAKKULAM, ALUVA-683105.
2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE, THIRUVANANTHAPURAM-695004.
3. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.
R1 BY ADVS.SRI.P.RANINDRAN (SR) SRI.B.ASHOK SHENOY
SRI.SREEDHAR RAVINDRAN R2 BY SRI.P.C.SASIDHARAN, SC R3 BY SENIOR GOVERNMENT PLEADER SRI BIJOY CHANDRAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02-03-2018, ALONG WITH R.P NO.118/2018,RP NO.119/2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
P.V.ASHA J.
------------------------------------------------R.P.No. 117 & 119 of 2018 in W.P.(C) No.27157 of 2017 and R.P.No. 118 of 2018 in W.P.(C) No.34381 of 2016
------------------------------------------------- Dated this the 2nd day of March, 2018
O R D E R
These three Review Petitions are filed
against the interim order passed on 15.11.2017. The grounds raised in the Review Petitions are the following:
“a) The Principal Secretary to Government, Higher Education (B) Department vide letter No. B2/576/2016/H.Edn. dated 05.12.2016 informed that since the University of Calicut had already reported the vacancies to the KPSC and appointments have been made as per the advice of the PSC. The question of appointment from the earlier list or the validity of the list prepared by the University does not arise.
b) The University had filled all the vacancies of Assistants arose till the end of May 2016. The University has not issued any
R.P.No. 117 & 119 of 2018 in W.P.(C) No.27157 of 2017 and R.P.No. 118 of 2018 in W.P.(C) No.34381 of 2016
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appointment memo to the post of Assistants from the Rank list published by the University on 30.01.2016 i.e. after the publication of the Rank List of Assistants by the PSC.
c) 20 candidates were also appointed from the PSC rank list as per the orders of this Hon'ble Court issued on 29.11.2016 in W.P.(C) No.34381/2016 starting fresh rotation on reservation. In the order dated 15.11.2017, this Hon'ble Court in W.P.(C). Nos.34381/2016 and 27157/2017, directed the University to make appointment of Assistants provisionally from the rank list published by the University on 30.01.2016 in case there is requirement. But, such kind of engagement would upset reservation roaster and recruitment being made through PSC.”
Petition warrants a review of the order. The petitioners do not have a case that there is any error apparent on the face of the record. It is well settled that a Review Petition can be entertained only if the conditions stipulated in Order 47 Rule 1 r/w
R.P.No. 117 & 119 of 2018 in W.P.(C) No.27157 of 2017 and R.P.No. 118 of 2018 in W.P.(C) No.34381 of 2016
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Section 114 of the Code of Civil Procedure exist.
There is not even an averment even indicating any of such conditions.
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In the above circumstances, I do not find
any reason to entertain these Review Petitions.
Accordingly, this Review Petitions are dismissed.
Sd/-
P.V.ASHA, JUDGE.
ww
2 issues framed by the court
Whether the grounds raised in the review petitions warrant a review of the interim order dismissing the writ appeals.
Whether any error apparent on the face of the record exists under Order 47 Rule 1 CPC read with Section 114 CPC.
UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR
PRASEETHA C. MOHAN
KERALA PUBLIC SERVICE COMMISSION
STATE OF KERALA
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
