IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI, JJ.
Niraj Tete, S/o Benjamin Tete – Appellant
Versus
Jharkhand Staff Selection Commission through its Chairman, Government of Jharkhand - Respondent
Civil Review No.01 of 2025 and Civil Review No.74 of 2024
Decided on : 20-08-2025
| Table of Content |
|---|
| 1. overview of the review petitions (Para 1 , 2) |
| 2. arguments for review by petitioners (Para 3) |
| 3. respondent's stance on the review (Para 5) |
| 4. scope of review under law (Para 6 , 7) |
| 5. judicial principles on reviewing orders (Para 8 , 9 , 10) |
| 6. grounds for exercising review power (Para 11 , 12) |
| 7. clarifications on review limitations (Para 13 , 14) |
| 8. errors that qualify for review (Para 15 , 16) |
| 9. court's findings on the review reasons (Para 21 , 22 , 23 , 24) |
| 10. decision on review petitions (Para 26 , 27 , 28 , 29) |
JUDGMENT :
Per se, Sujit Narayan Prasad, J.
Both the review petitions are arising out of common issue and the Civil Review No. 01 of 2025 depends upon the outcome of the Civil Review No. 74 of 2024, since the Judgment dated 14.08.2024 passed in the LPA No. 407 of 2024 which is being challenged in Civil Review No. 01 of 2025 was disposed of in terms of the judgment dated 08.11.2023 passed by this Court in LPA No.146 of 2019.Therefore, Civil Review No. 74 of 2024 is being taken into consideration first.
Civil Review No.74 of 2024
1. The instant civil review has been filed seeking review of the order dated 08.11.2023 passed in LPA No.146 of 2019 by this Court, whereby and whereunder, while concurring with the findings of the writ court, the said LPA has been dismissed.
Factual Matrix
2. Before considering the grounds as agitated in the instant review application, we need to refer herein the factual aspects in brief for better appreciation of the sustainability of the grounds upon which the present review application has been filed which are as follows:
“(i). Vide letter No.8280 dated 23.09.2016 and letter No.9441 dated 04.11.2016 issued by the Department of Personnel Administrative Reforms and Rajbhasha, Government of Jharkhand, requisition was sent to Jharkhand Staff Selection Commission (JSSC) for starting selection process for appointment on the post of Combined Graduate Trained Teachers in different subjects for district wise vacancy lying in the State of Jharkhand amongst others, for the post of Assistant Teacher (Physical Education).
(ii) In pursuance to the aforesaid letters issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, the respondent Nos.1 & 2 published advertisement No.21/16 and online applications were invited. The syllabus was also described in the said advertisement.
(iii) The appellants are Graduate in different faculty like: Science, Commerce, Arts, Engineering and Physical Education etc. The appellants have submitted their online applications and online admit cards were also downloaded. The date of examination for physical education paper was scheduled to be held on 29.10.2017 and for compulsory paper (G.K. and Hindi Language) on 19.11.2017. The appellants appeared and participated in the said examination.
(iv) The process of recruitment involved single stage examination consisting of two papers i.e. Paper I- Compulsory Paper (G.K. and Hindi Language)-200 marks and Paper II-Optional Paper (Physical Education)-300 marks. Paper-1 was qualifying in nature and securing minimum of 33 marks in the same was compulsory and paper-II (optional paper) consisted of 150 questions of 2 marks each and minimum qualifying marks was50% for the candidates belongs to General and OBC category and 45 % for the candidates belonging to Scheduled Caste and Scheduled Tribes. Paper II prescribed syllabus in three parts.
Part-A contains concept of Physical Education, Physiological Aspects of Physical Education, Physical Fitness and Wellness and Training Methods and Sociological Aspects of Physical Education.
Part-B History of the game/sports etc., latest general rules of the game/sports, measurement of play fields and specification of sports equipments and specifications of sports equipment, fundamental skills of the game/sports, related sports terminologies, important tournaments and venues, sports personalities, sports awards and Part-C HealthEducation, Communicable Disease, C
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