CAT - ['Delhi']
Administrative and Public LawEmployment and Labour Law

Review jurisdiction cannot be invoked to reargue merits or introduce grounds not previously urged.

SACHIN KUMAR vs DIRECTORATE OF EDUCATION

CAT - ['Delhi']JUDGMENT: September 09, 20262 MIN READSOURCE JUDGMENT
Review jurisdiction cannot be invoked to reargue merits or introduce grounds not previously urged.. SACHIN KUMAR vs DIRECTORATE OF EDUCATION. CAT - ['Delhi']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The review applicants challenged the Tribunal’s order dated 20 March 2026 in O.A. No. 3064/2023.

Source reference: p. 2

By that order, the Tribunal had directed the respondents to consider the applicants’ cases in accordance with the Supreme Court’s directions in Rajneesh Kumar Pandey & Ors. v. Union of India & Ors., including consideration of the candidature of contractual Special Teachers by the Screening Committee, subject to fulfillment of the prescribed eligibility conditions.

Source reference: p. 2

The applicants sought review on the ground that the issue of relaxation of the upper-age limit—allegedly the core issue in the original application—had not been specifically adjudicated.

Source reference: p. 2

They also filed an application for condonation of a 118-day delay in filing the review application.

Source reference: p. 2
02

Issues

1. Whether the 118-day delay in filing the review application should be condoned.

Source reference: p. 2

2. Whether the order dated 20 March 2026 disclosed an error apparent on the face of the record warranting review, on the ground that the issue of upper-age relaxation had not been specifically adjudicated.

Source reference: paras. 2–4

3. Whether the review application could be used to seek reconsideration of the merits or to raise a ground that was not specifically urged during the original hearing.

Source reference: paras. 3–4
03

Law Applied

The Tribunal applied the settled principles governing review jurisdiction: review is not an appeal or a rehearing on merits; it may be exercised only where an error apparent on the face of the record or another recognized ground for review is established.

Source reference: paras. 3–4

A party cannot ordinarily use review proceedings to introduce grounds that were not specifically urged or pressed during the original hearing.

Source reference: paras. 3–4

The Tribunal also considered the directions in Rajneesh Kumar Pandey & Ors. v. Union of India & Ors., W.P. (C) No. 132/2016, which governed the underlying order concerning consideration of contractual Special Teachers, subject to prescribed eligibility conditions.

Source reference: p. 2; paras. 3–4
04

Reasoning

The Tribunal accepted the explanation for the delay and condoned the 118-day delay in filing the review application.

Source reference: p. 2

On merits, however, it held that the applicants’ contention regarding upper-age relaxation essentially sought reconsideration of the original matter rather than correction of an apparent error.

Source reference: para. 3

The Tribunal noted that the original order had been passed after hearing counsel for the parties and that the issue of upper-age relaxation could have been specifically brought to its attention during the original arguments.

Source reference: para. 3

Since no patent error was demonstrated and the applicants sought to raise or re-emphasize a ground not specifically pressed earlier, the limited scope of review jurisdiction was not attracted.

Source reference: paras. 3–4
05

Holding

The application for condonation of delay was allowed, and the 118-day delay was condoned.

The Review Application was dismissed in circulation because no error apparent on the face of the record or other ground for review was established.

Source reference: para. 5

Pending miscellaneous applications, if any, were disposed of, with no order as to costs.

Source reference: para. 5
CAT - ['Delhi']

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SACHIN KUMARvsDIRECTORATE OF EDUCATION

CAT - ['Delhi'] · September 09, 2026

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