Review petition against an interim order allowing amendment of a writ petition. The Court held the review was unnecessary as maintainability issues belong to the writ petition itself.
Court held the order permitting amendment does not require review; additional contentions left open for a counter-affidavit in the writ petition.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 7TH DAY OF JUNE 2023 / 17TH JYAISHTA, 1945
RP NO.420 OF 2023
ORDER IN WP(C) 19529/2022 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 3 :-
BY ADV MILLU DANDAPANI
RESPONDENTS/WRIT PETITIONER & 4TH RESPONDENT :-
BY ADV JACOB SEBASTIAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO.420 OF 2023
-: 2 :-
O R D E R
Dated this the 7th day of June, 2023
This review petition is filed seeking to review an order dated 10.11.2022 allowing an amendment of the writ petition by incorporating additional grounds and prayers.
RP NO.420 OF 2023
-: 3 :-
before orders are passed. It is further contended that the writ petitioner, who had participated in the selection process pursuant to Ext.P1 notification and had not been successful in the selection, cannot, thereafter, challenge the notification itself or any of the prescriptions therein after being unsuccessful in the selection process. Decisions of the Apex Court are sought to be relied on in support of the said contention.
RP NO.420 OF 2023
-: 4 :-
their contentions can be raised therein and can be considered by the court.
The order permitting amendment, therefore, does not require a review except for stating that all the contentions
of the review petitioners are left open to be decided in the writ petition.
Sd/ANU SIVARAMAN JUDGE
Jvt/17.6.2023
3 issues framed by the court
Whether an order allowing an amendment to a writ petition as filed with objections unheard requires a review.
Whether additional grounds raised in an amended writ petition are maintainable.
Whether a unsuccessful applicant can challenge the selection notification.
Reserve Bank of India
Meenakshi P.R.
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
