1. Review of judgment validity of reservation act not gone into in main judgment. (Para 1 )
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2005 Supreme(SC) 1870
SUPREME COURT OF INDIA
Y.K. Sabharwal, CJI., B.N. Agrawal, Arun Kumar, G.P. Mathur, C.K. Thakker, Tarun Chatterjee, P.K. Balasubramanyan, JJ.
State of Tamil Nadu - Petitioner
Versus
P.A. Inamdar & Ors - Respondents
Civil Appellate Jurisdiction Review Petition (C) NO. 1615 OF 2005 In Civil Appeal No.5041 OF 2005 With R.P. (C) No.D 19078 of 2005 in C.A. No. 5041 of 2005
Decided On : 09-11-2005
Important Points
A review petition will be dismissed if no case for review is made out, specifically when the validity of a statute cited in the petition was not considered in the original judgment being challenged.
Subject
Civil Law - Review Petition
Act Referred
Headnote
(A) Review Petition - Grounds for review - Validity of a State Act on reservation of seats in educational institutions and appointments - Where the validity of the Act was not considered in the original judgment, no case is made out for review. (Para 1)
Facts of the case:
A review petition was filed seeking the review of a judgment delivered on 12th August, 2005. The petitioner raised points regarding the validity of a State Act concerning the reservation of seats in educational institutions and the appointment of posts in services under the State.
Findings of Court:
The court observed that the validity of the aforementioned State Act had not been examined in the judgment of which review was sought and found that no case was made out to review the judgment. (Para 1)
Issues: Whether there were sufficient grounds to review the judgment dated 12th August, 2005, based on the arguments presented in the review petition.
Ratio Decidendi: A review petition is liable to be dismissed if the points raised, such as the validity of a specific statute, were not examined in the original judgment and no other sufficient grounds for review are established.
Result: Review petition dismissed.
Facts of the case:
A review petition was filed seeking the review of a judgment delivered on 12th August, 2005. The petitioner raised points regarding the validity of a State Act concerning the reservation of seats in educational institutions and the appointment of posts in services under the State.
Findings of Court:
The court observed that the validity of the aforementioned State Act had not been examined in the judgment of which review was sought and found that no case was made out to review the judgment. (Para 1)
Issues: Whether there were sufficient grounds to review the judgment dated 12th August, 2005, based on the arguments presented in the review petition.
Ratio Decidendi: A review petition is liable to be dismissed if the points raised, such as the validity of a specific statute, were not examined in the original judgment and no other sufficient grounds for review are established.
Result: Review petition dismissed.
Legal Category Hierarchy
Table of Contents
2. Review sought but no case made out for review of the judgment. (Para 1 )
3. Validity of reservation act not considered in original judgment; no review grounds established. (Para 1 )
4. Review requires showing of error; mere absence of consideration does not create review grounds. (Para 1 )
5. Review petition dismissed; permission to file review declined. (Para 1 , 2 )
6. What is required for a review petition to succeed?
A review petition must show that a case for review is made out, such as an error apparent on the face of the record. (Para 1 )
JUDGMENT :
Y.K. Sabharwal, CJI.
Permission to file Review Petition (C) No. D19078/2005 in C.A. No.5041/2005 is declined.
We have carefully gone through Review Petition (C) No.1615 of 2005. Thevalidity of Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes(Reservation of seats in Educational Institutions and appointment of posts in the services under the State) Act, 1993 (T.N. Act 45 of 1994) has not been gone into in the judgement of which review is sought. In our view, no case is made out to review our judgement dated 12th August, 2005.
2. The review petition is, accordingly, dismissed.
