High Court Of Madhya Pradesh
B. C. VARMA, S. AWASTHY
STATE OF M.P. - Appellant
Versus
JASWANTPURI - Respondents
M. C. C. 823 Of 1987
Decided On : 01/29/1988
(2) Civil P.C., 1908- O.47, R.1 -possible view expressed in original Judgment-no review lies. AIR 1980 SC 674 followed. [Para 4]
(3) Court-has power to reopen its case to do full and effective justice. AIR 1979 SC 1047 followed. [Para 4]
(4) Civil P.C., 1908- O.47, R.1 - review-notification though mentioned in petition but could not be producedd`review lies after it is traced-omission to consider material provision of law-is a ground for review. 1980 MPLJ 789 and MCC No. 309 of 1979 relied on [Para 4]
( 1 ) THIS is an applcation for review of our order dated 11-11-1987 passed in Miscellaneous Petition No. 928 of 1987.
( 2 ) THE non-applicants responded to an advertisement issued by the State Junior Service Selection Board, Bhopal and faced interview for appointment to the posts of Lower Division Teachers. The Selection Board found them suitable for those posts. Their names were included in the list of successful candidates for Hoshangabad district. About 500 persons were included in Select List. They contended that the list was arranged in order of merit. Out of that list of 500 successful candidates only 232 persons were appointed. The petitioners (non- applicants in this application) in Miscellaneous Petition No. 928 of 1987 contended that although certain posts remained vacant, 95 persons not included in the aforesaid list of 500 persons were appointed as Teachers. They claimed that those 95 posts should have been filled in from among the persons included in that Select List. If that were done, they could well have been appointed. For the reasons stated in the order dated 11/11/1987 this contention did not find favour with the Court and was rejected. The statement made by the State Government at the hearing of that Misc. Petition was that no posts were then lying vacant. It was, therefore, not possible for the Court to issue any direction to appoint the non-applicants against any post of teacher. All the same, this Court made a direction "that if vacancies occur in future, the petitioners who has been duly selected by the State Junior Service Selection Board, may be appointed against those vacancies. " (Those petitioners are non-applicants in the present application ). We, however, did not accept the contention advanced by the Government Advocate that the select list became inoperative after the expiry of a period of one year of its publication on 3-3-1986. This was so because nothing was placed before the Court to substantiate that contention. No provision contained in any Act, Rule or Notification was cited before the Court saying that such select list published by the Junior Service Selection Board exhausts itself after the expiry of any specified period. Finally, this Court concluded as under : -"we would, therefore, issue a direction to the respondents that as and when posts of lower Division Teachers fall vacant in Hoshangabad district/division, such candidates out of the select list including the petitioners who have not yet been appointed, shall be considered and appointed against such vacancies. "2a. The State has now filed this application with. Annexure-R-II, an order issued by the State of Madhya Pradesh in General Administration Department bearing No. C/323/78/3/1 Bhopal dated 21-11-1985 saying that the list of selected candidates published by the Junior Service Selection Board shall be in force only for a period of one year from the date of its receipt in the concerned office/department. It is stated on affidavit that although in the return filed in Misc. Petition No. 928 of 87 by the State Government the fact of existence of such notification was mentioned, yet no such notification was placed before the Court. The contention, therefore, is that this Court committed an apparent error while passing he direction in Misc. Petition No. 928 of 1987 on the basis of its finding that there exists no provision which limits the life of the list of selected candidates published by the junior Service Selection Board. It is on this ground that review of our order passed in M. P. No. 928 of 87 is sought for. ( 3 ) THIS application has been vehemently opposed by the non-applicants. Shri. V. S. shroti learned counsel appearing for the nonapplicants, submitted that no case for reviewing our order in Misc. Petn. No. 928/87 is made out because it cannot be said that the Govt. could not trace out the Notification dated 21-11-1985 in spite of due diligence. There is no error in our order,sought to be reviewed. A
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