Jammu and Kashmir High Court

### Scope of Review Jurisdiction Is Restricted to Apparent Errors and Precludes Re-Hearing on Merits Facts: The Indian Institute of Technology (IIT) sought a review of a judgment that had quashed the cancellation of a candidate's selection. The review was primarily sought on grounds previously argued and decided in the original writ petition. Ruling: The High Court dismissed the petition, reiterating that review jurisdiction under Order XLVII Rule 1 of the CPC is limited to correcting "errors apparent on the face of record." It clarified that a review cannot be used as an "appeal in disguise" to re-argue overruled contentions or seek a substitution of the Court’s view. Mere disagreement with judicial reasoning does not constitute a valid ground for review; such challenges must be addressed before a higher forum.

Indian Institute of Technology & Ors. v. Irfan Yusuf & Others RP No. 1/2026 in WP(C) No. 2804/2023

Jammu and Kashmir High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The respondent (Irfan Yusuf) applied for the post of Laboratory Officer under the OBC category at the Indian Institute of Technology (IIT).

Source reference: no citation

After qualifying for the written and technical tests, he was placed at serial No. 1 in the waiting list.

Source reference: p. 2

On 25.10.2023, the petitioners cancelled his candidature alleging he provided incorrect experience information.

Source reference: p. 2

The respondent challenged this via a writ petition, which the High Court allowed on 12.12.2025, quashing the cancellation and directing his retrospective appointment due to the non-joining of the selected candidate.

Source reference: p. 3

The petitioners subsequently filed this review petition seeking to set aside the judgment dated 12.12.2025.

Source reference: p. 1
02

Issues

Whether the review petitioners established sufficient grounds under Order XLVII Rule 1 of the CPC or Rule 65 of the J&K High Court Rules to warrant a review of the impugned judgment.

Source reference: p. 8 / para. 7

Whether an error apparent on the face of the record exists, or if the petitioners are attempting to seek a re-hearing of the case under the guise of a review.

Source reference: p. 9 / para. 8
03

Law Applied

The Court applied Rule 65 of the J&K High Court Rules, 1999, which restricts the power of review to grounds enumerated under Order XLVII Rule 1 of the Civil Procedure Code (CPC).

Source reference: p. 4-5

Under these provisions, a review is permissible only upon the discovery of new evidence (despite due diligence), a mistake or error apparent on the face of the record, or for any other "sufficient reason".

Source reference: p. 5-6

The Court relied on *Parsion Devi v. Sumitri Devi*, which clarifies that an error must be self-evident and not require a process of reasoning to detect.

Source reference: p. 6

The Court relied on *Lily Thomas v. Union of India*, which establishes that review power is for correcting mistakes, not substituting views or acting as an "appeal in disguise".

Source reference: p. 7
04

Reasoning

The Court examined the grounds raised by the petitioners.

Source reference: no citation

It observed that the arguments presented in the review petition were a mere repetition of the original contentions already addressed and adjudicated in the main writ petition.

Source reference: p. 9

The Court reasoned that if the logic applied in the original judgment was legally flawed, the proper remedy was an appeal to a higher forum rather than a review.

Source reference: p. 9

Following the precedent in *Inderchand Jain v. Motilal*, the Court emphasized that it cannot sit in appeal over its own order or allow a re-hearing of the matter.

Source reference: p. 7

Since no new evidence was produced and no self-evident error was found on the face of the record, the Court determined that the legal threshold for exercising review jurisdiction was not met.

Source reference: p. 9-10
05

Holding

The Court held that the review petition lacked merit as it disclosed no error apparent on the face of the record.

The Court answered the issues by affirming that all contentions had been appropriately dealt with in the original judgment and that a mere repetition of overruled arguments does not justify review.

Source reference: p. 9

Consequently, the review petition was dismissed.

Source reference: p. 10
Jammu and Kashmir High Court

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Indian Institute of Technology & Ors. v. Irfan Yusuf & Others RP No. 1/2026 in WP(C) No. 2804/2023

Jammu and Kashmir High Court · no citation

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