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2025 Supreme(Jhk) 267

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ.
Dharmendra Kumar S/o Sideshwar Singh - Appellant
Versus
The State of Jharkhand - Respondent
Civil Review No. 97 of 2023
Decided On : 18-03-2025

Advocates:
Advocate Appeared:
For the Appellants : Indrajit Sinha, Prerna Jhunjhunwala
For the Respondents: Shahabuddin, Z.A. Khan, Zaiad Imran, Sanjay Piprawall

The court affirmed that review petitions require strong justifications such as new evidence or errors apparent on the record; mere dissatisfaction with prior judgments is insufficient.

Headnote:(A) Civil Procedure Code, 1908 - Order XLVII Rule 1 - Review of judgment dated 17.10.2023 in L.P.A. No. 297 of 2018 - Petitioners allege disqualification due to incorrect examination answers - Court refers questions to an expert committee and considers their findings. (Paras 2, 10, 14, 47)

(B) The court held that review is not maintainable unless there are grounds such as new evidence, apparent errors, or sufficient reason. It emphasized the restricted scope of review claims. (Para 58)

(C) The petitioners' claims were deemed unpersuasive due to prior concessions made in affidavits. The withdrawal of prior petitions was upheld as their intent was clear and well-formed. (Para 72)

Facts of the case:
The review petitioners, seeking qualification as Sub-Inspectors in a competitive examination, argued that marks were not allotted for incorrect questions and thus were disqualified. They originally pursued related appeals, which were dismissed by the High Court and later quashed by the Supreme Court leading to the expert scrutiny of examination questions. (Paras 3-5, 10-11)

Findings of Court:
The court ruled that no errors were apparent that warranted review, and the questions deemed out of syllabus were not the focal point of review as previously stated by petitioners themselves. (Paras 64, 88)

Issues: The primary issue was whether the petitioners should have been allotted marks for certain questions deemed out of syllabus and the validity of their review based on previous withdrawals.

Ratio Decidendi: The court reaffirmed limits on review jurisdiction, stating that new grounds not presented in prior adjudications or clear evidence must be substantial to warrant reopening cases.

Result: Review petitions dismissed.

Table of Content
1. jurisdiction and grounds for review in civil cases. (Para 1 , 2 , 3 , 4 , 5)
2. arguments presented by the petitioners for review. (Para 21 , 22 , 24)
3. court's observations on procedural adherence and grounds. (Para 26 , 30 , 34 , 36 , 47 , 49)
4. principles governing the review process and its limits. (Para 53 , 64 , 70)
5. final dismissal of the review petition. (Para 90)

JUDGMENT :

1. The instant civil review has been filed under Order XLVII Rule 1 read with Section 114 of C.P.C. for review of the order/judgment dated 17.10.2023 passed in L.P.A. No. 297 of 2018 and analogous cases.

2. The ground for review is that the cases pertaining to consideration of their case by not allotting the marks with respect to four questions which are out of syllabus and in consequence thereof, they have been disqualified in the matter of recruitment for promotion through limited competitive examination to the post of Sub- Inspector.

3. This Court, before proceeding to examine the argument advanced on behalf of the parties, deems it fit and proper to refer the factual background, as under, by making it in two parts, first part pertains to the pleading/case of the review petitioner nos. 1 to 4 and second part pertains to the pleading/case of the review petitioner nos. 5 to 15.

Factual aspects of the case of the review petitioner nos. 1 to 4:

4. The review petitioners No.1 to 4 had preferred the letters patent appeal being LPA No.297 of 2018, LPA No.474 of 2018, LPA No.476 of 2018 and LPA No.580 of 2018 against the orders of the writ court by which the writ petitions have been dismissed refusing to grant any relief in favour of the petitioners seeking a direction upon the respondents to struck down the questions which were out of syllabus and asked without correct option for the examination held for appointment to the post of Sub-Inspector of Police pursuant to advertisement No.09/2017 in the name of Jharkhand Police Sub Inspector Limited Competitive Examination, 2017.

5. The review petitioners/appellants who were in service posted as Constable in different districts of the State of Jharkhand have made applications for consideration of their candidature for being appointed as Sub-Inspector of Police in pursuance of the advertisement being Advertisement No.09/2017 issued by Jharkhand Staff Selection Commission, hereinafter referred to as JSSC, for selection and appointment of the candidates through the limited competitive examination.

6. As per the case of the petitioners/appellants the total number of vacancies was shown to be 1544 out of which 772 vacancies were for unreserved category but while publishing the result, only 663 candidates have been shown to be qualified in the written test. The case of the petitioners/appellants are that they are having required eligibility criteria, as such, they made applications for consideration of their candidature by participating in the process of selection. The petitioners/appellants, having been declared to be unsuccessful candidates in the written test, sought for information from the concerned authority/examining body.

7. According to the petitioners/appellants, the main reason for being unsuccessful in the written test is that the answers of some of the questions have wrongly been printed, therefore, they ought to have been allotted marks of such questions. It is the grievance of the petitioners/appellants that they have made due objection regarding the wrong printed options, however, to no effect, therefore, the writ petitions have been filed on the ground that the answers of some of the questions have wrongly been printed, which according to the petitioners/appellants, are correct but the same has been found to be incorrect by the evaluator and in that view of the matter, the opinion has to be sought for from the expert in order to reach to the rightful conclusion about the correctness of the answers of such questions but no endeavour has been taken by the examining body.

8. On the basis o

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