Facts
The review applicants challenged the Tribunal’s order dated 20 March 2026 in O.A. No. 3064/2023.
Source reference: p. 2By 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. 2The 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. 2They also filed an application for condonation of a 118-day delay in filing the review application.
Source reference: p. 2Issues
1. Whether the 118-day delay in filing the review application should be condoned.
Source reference: p. 22. 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. 2–43. 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. 3–4Law 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. 3–4A party cannot ordinarily use review proceedings to introduce grounds that were not specifically urged or pressed during the original hearing.
Source reference: paras. 3–4The 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. 3–4Reasoning
The Tribunal accepted the explanation for the delay and condoned the 118-day delay in filing the review application.
Source reference: p. 2On 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. 3The 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. 3Since 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. 3–4Holding
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. 5Pending miscellaneous applications, if any, were disposed of, with no order as to costs.
Source reference: para. 5Original Court PDF
SACHIN KUMARvsDIRECTORATE OF EDUCATION
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