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BIBEK CHAUDHURI
Abhiskek Rai – Appellant
Versus
Gorkhaland Territorial Administrative Council – Respondent
JUDGMENT :
(Bibek Chaudhuri, J.) : –
1. This instant review petition is filed by one Abhishek Rai, who being aggrieved and dissatisfied with the order dated 07,02.2023 passed by this Court in W.P.A. No.315 of 2023, has prayed for permanent approval to the post of a teacher in Dr. Radhakrishnan Higher Secondary School.
2. The petitioner was appointed as an assistant teacher on 18th June, 2015 in Dr. Radhakrishnan Higher Secondary School by the school authority against the permanently sanctioned vacant post. In 2009 in an administrative circular, the School Education Department restrained the District Inspector of School (S.E.), Darjeeling from approval of appointment to any teaching staff engaged on a contractual basis. The petitioner filed WPA 6798 of 2020 which was disposed of on 15.09.2020 with a direction upon the respondents to consider the representation of the petitioner within a period of six months and the D.I. of Schools (S.E.) passed an order dated 27th January, 2021 rejecting the representation of the petitioner holding, inter alia, that he is not the competent authority to grant orders for such regularization as prayed for by the petitioner.
3. Through a second round of
The power of review under Section 114 and Order 47 Rule 1 of the Code of Civil Procedure, 1908 is limited to cases where there is a grave or apparent error in the order sought to be reviewed or where....
The power of review is limited to examining whether the order sought to be reviewed contains any apparent error or if new and important evidence has emerged that could overturn the order.
The main legal point established is that routine affairs of an institution, including appointments and approvals, should be considered independently of disputes in management.
The court affirmed deemed approval for teacher appointments due to the respondent's failure to act within legal timelines and ruled that objections for rejection were legally invalid.
Authority lacks jurisdiction to retroactively disown approved appointments without due process, affirming the necessity of natural justice and protecting vested rights established through service.
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