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2025 Supreme(Jhk) 1783

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

Advocates Appeared:
For the Petitioner:Mr.Ajit Kumar, Sr. Advocate
For the Respondent:Mr.Sanjay Piprawall, Advocate Mr.Rakesh Ranjan, Advocate Mr.Prince Kumar, Advocate Mr. Jay Prakasah, Advocate

The court established that review jurisdiction is limited to correcting apparent errors and not for reexamining previously adjudicated issues.

Headnote:(A) Civil Review - Scope of review - The grounds for review were assessed based on established principles outlined in Order XLVII Rule 1, CPC. The review petitions relate to recruitment grievances regarding the Combined Graduate Trained Teachers Examination, and concerns over question paper validity raised issues of legality and fairness impacting the examination results. (Paras 1-29)

(B) Review Jurisdiction - The court reaffirmed that review is limited to cases of error apparent on the face of the record and not mere dissatisfaction with the original judgment. The exercise of review jurisdiction respects the finality of prior judgments unless clear legal error is established. (Paras 8-21)

Facts of the case:
Review petitions were filed against prior orders dismissing grievances related to an educational recruitment examination, with allegations of inaccuracies in question paper and evaluation processes. The petitioners argued for re-assessment based on claims of arbitrary and discriminatory practices by the examination authority.

Findings of Court:
The court found no manifest error or new evidence presented that warranted the exercise of review jurisdiction; prior judicial observations had already accounted for the concerns raised.

Issues: The legitimacy of the examination process and whether sufficient grounds existed for reviewing previous judicial decisions were the core issues addressed.

Ratio Decidendi: The court emphasized that for a review petition to succeed, it must demonstrate an error apparent from the record, which was not applicable in this matter, reaffirming the principle that review is not a means for reargument.

Result: Review petitions dismissed.

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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