RAJENDER SINGH versus LT. GOVERNOR, ANDAMAN & NICOBAR ISLANDS AND ORS.

RAJENDER SINGH versus LT. GOVERNOR, ANDAMAN & NICOBAR ISLANDS AND ORS.

Review jurisdiction is available in the present case as the High Court's order declining review showed an error apparent on the face of the record and overlooked relevant documents. The High Court is not justified in ignoring materials which may justify the appellant's claim; the matter requires fresh consideration on merits by the High Court.

Parties
Appellant: Rajender Singh; Respondents: Lt. Governor, Andaman & Nicobar Islands and Ors.
Jurisdiction
India
Judgment Date
04 October 2005
Procedural Posture
Civil Appeal / Appeal From High Court Order on Review Refusal
Outcome
Appeal Allowed
Legal Topics
Review Jurisdiction, Error Apparent on Face of Record, Career Advancement Scheme, Regularisation of Service, Seniority, Selection Grade
Administrative Law Education Law Judicial Review Review Jurisdiction Error Apparent on Face of Record Career Advancement Scheme Regularisation of Service Seniority +1 more

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Parties

Rajender Singh

Appellant

Lt. Governor, Andaman & Nicobar Islands and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Order on Review Refusal

Legal Issues

  1. 1 Whether the High Court erred in declining review by overlooking vital issues and documents
  2. 2 Whether review jurisdiction is available for correction of an error apparent on the face of record
  3. 3 Eligibility and requirements under UGC Career Advancement Scheme for senior scale and selection grade

Ratio Decidendi

Review jurisdiction is available in the present case as the High Court's order declining review showed an error apparent on the face of the record and overlooked relevant documents. The High Court is not justified in ignoring materials which may justify the appellant's claim; the matter requires fresh consideration on merits by the High Court.

Court Disposition

Appeal Allowed

Orders

  • The order passed by the High Court in review is set aside.
  • The original order dated 22.12.2003 is set aside.