Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
G. A. SANAP, ANIL L. PANSARE, JJ.
Lokmanya Tilak Jankalyan Shikshan Sanstha – Appellant
Versus
Rutesh S/o Shamrao Lonkar – Respondent
JUDGMENT :
Anil L. Panasre, J.
1. Having heard at length, we deem it appropriate to first reiterate the scope of the review jurisdiction, which we have culled down from the judgments submitted by both the sides:
(i) Review of the judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in, resulting into miscarriage of justice.
(ii) An error that is not self evident and the one that has to be detected by the process of reasoning cannot be described as an error apparent on the face of record.
(iii) The error apparent on the face of the proceeding is an error which is based on clear ignorance or disregard of the provisions of law. Such error is an error which is a patent error and not a mere wrong decision.
(iv) The error must be an error of inadvertence.
(v) It is not permissible for an erroneous decision to be ‘reheard and corrected’.
(vi) Review is not maintainable unless the material error manifest on the face of the order, undermines its soundness or results in miscarriage of justice.
(vii) The term, ‘miscarriage or error apparent’, by its very connotation signifies an error which is evident per se from
Review jurisdiction is limited to glaring omissions or patent mistakes; unaided minority institutions must comply with statutory conditions regarding pay scales.
The exclusion of non-teaching staff from revised pay scales in unaided institutions is arbitrary, violating Article 14's guarantee of equality, as both aided and unaided staff should equally share in....
The main legal point established in the judgment is the entitlement of teachers to arrears of salary as per VI and VII CPC recommendations, and the responsibility of the authorities to ensure complia....
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
Private unaided educational institutions are not obligated to pay salaries equivalent to Government/Aided institutions as per the Act and Rules, and the employee's entitlement is governed by the term....
The Delhi School Education Act mandates private schools comply with government salary norms for employees, irrespective of financial status, reinforcing the principle of statutory obligation over har....
The court found that minority institutions can be regulated by the State regarding admissions while retaining their autonomy, ensuring compliance with educational standards and merit without violatin....
The state has the authority to regulate the qualifications and service conditions of teachers in minority institutions to ensure educational standards, and the identification of surplus teachers is a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
