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2011 Supreme(All) 2402

[2011(9) ADJ 584 (DB)]
ALLAHABAD HIGH COURT
SUNIL AMBWANI AND KASHI NATH PANDEY, JJ.
RAMJEE RAMAN .....Petitioner
Versus
BANARAS HINDU UNIVERSITY AND OTHERS .....Respondents
(Civil Misc. Review Application No. 26843 of 2003, Civil Misc. Correction Application No. 652 of 1997, Civil Misc. Writ Petition No. 555 of 1984, decided on 30th August, 2011)

Advocates:
G.N. Verma for the Petitioner; V.K. Upadhyay and Siddheshwari Prasad, C.S.C. for the Respondents.

Headnote:Review application—Maintainability of—Error in judgment—A review application would be maintainable where there was an error apparent on the face of record—If Court did not find any error in its judgment, the petitioner not entitled to any relief by review of such order. [Paras 8, 10 and 11]

       

JUDGMENT

By the Court.—We have heard Shri G.N. Verma, learned counsel for the petitioner, as well as Shri Ram Jee Raman-the petitioner in person.

2. This application signed by the petitioner appearing in person seeks to review the order dated 4.12.2002, by which the application filed by the petitioner-applicant to correct the judgment and order dated 15.7.1996 in Writ Petition No. 555 of 1984 (Ramjee Raman v. The Banaras Hindu University and others), was rejected.

3. The correction application No. 652 of 1997 filed on 8.1.1998, was dismissed on 4.12.2002, both on the ground that it was moved after a delay of one and half years and that during the course of submission, learned counsel for the applicant-petitioner could not point out any clerical or arithmetic error in the judgment.

4. The petitioner had earlier filed a Writ Petition No. 10922 of 1975 challenging the order of the Vice Chancellor of the Banaras Hindu University, Varanasi, as communicated to him by the letter of the Deputy Registrar (Academic) dated 1.10.1975 terminating petitioner’s appointment and debarring him from holding any position in the University. By the judgment dated 13.11.1975 Hon’ble Mr. Justice K.N. Singh (as he then was) quashed the order on the ground that the petitioner was not given reasonable opportunity under Statute 31, of the Statutes of the University to show-cause for the action which was proposed to be taken against him which is also applicable to a temporary teacher. The Court did not accept the argument of learned counsel appearing for the University that the petitioner’s examination of B.Sc. 2nd year was cancelled on the ground that he was found guilty of using unfair means and this fact was concealed by him. The petitioner had explained the circumstances under which his examination was cancelled. The Court did not find it necessary to decide the question. The Court held that even if the petitioner’s examination was cancelled and even if he was guilty of using unfair means in the graduate examination, he was entitled to an opportunity to show-cause against the action proposed and since this was not done the order cannot stand scrutiny on the violation of principles of natural justice.

5. There is nothing on record to show that thereafter the petitioner was given any opportunity in compliance of the judgment in his favour. After about one and half years on 23.7.1977, the petitioner was given temporary appointment for six months or till further orders, whichever is earlier. His temporary appointment was without prejudice to the final settlement of his case by the University and the Court. He was not allowed to continue as temporary teacher in discriminating, with other temporary teachers whose services were extended till the end of the academic session upto May 13, 1978 and even thereafter. The petitioner was not allowed to serve after 31.1.1978.

6. The petitioner filed a Writ Petition No. 555 of 1984. On 3.8.1984 an interim mandamus was issued to respondent No. 1 and to consider and dispose of his representation within one month. The representation was decided and rejected by the Vice-Chancellor on 18.8.1984. The writ petition was finally heard and decided on 15.7.1996. It is stated in paragraph-3, of the correction application dated 6.1.1998 that the petitioner filed a Special Leave Petition No. 24208 of 1996 which was dismissed on the ground that he should file a proper application for correction of the factual errors in the judgment. In pursuance thereof the petitioner filed an application on 8.1.1998, which was rejected as above on 4.12.2002.

7. The petitioner has pointed out several errors in the judgment with regard to the date of his appointment; failure to abide by the express terms and conditions of the letter of appointment dated 23.7.1977; the discrimination with the petitioner, in not extending his appointment beyond 31.1.1978; the defiance of the order of the High Court; the violation of Banaras Hindu University Act, 1915; the Sta







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