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2026 Supreme(Online)(Ker) 7086

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
STATE OF KERALA – Appellant
Versus
BIJITH P – Respondent


Advocates:
For the Appellants/Petitioners: ANTONY MUKKATH
For the Respondents: SMT.P.K.NANDINI, SRI.A.P.JAYARAJ (ANJILIKKAL), SRI.JUBYRAJ.A.P, SMT.JISHA MOL CLEETUS, SRI.M.A ASIF, SRI.SURIN GEORGE IPE, SC, MG UNIVERSITY

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court emphasized that review petitions are limited in scope and do not permit re-examination of issues already decided unless there is an error apparent on the record (!) (!) .

  2. The grounds for granting a review are strictly confined to discovering new and important evidence, identifying an error apparent on the face of the record, or other sufficient reasons (!) (!) .

  3. The court clarified that errors which require reasoning to detect do not qualify as errors apparent on the record, thus cannot justify a review (!) (!) .

  4. The court reiterated that review is not an avenue for rearguing or re-judging issues that have already been addressed and decided (!) (!) .

  5. In this case, the review petitions were found to be attempts to re-litigate issues rather than to establish any of the recognized grounds for review (!) .

  6. The court held that the review petitions did not demonstrate any error apparent on the record or any other sufficient reason, and therefore, were liable to be dismissed (!) (!) .

  7. The decision reaffirmed that a review cannot serve as a substitute for an appeal and that the scope of review is limited to correcting obvious errors, not correcting or reinterpreting legal principles or facts already settled (!) .

  8. Consequently, all review petitions were dismissed, and the court maintained the integrity of the original judgment, emphasizing that errors which are self-evident and do not require detailed reasoning are the only permissible grounds for review (!) (!) .

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Table of Content
1. introduction and context of review petitions. (Para 1 , 2)
2. arguments regarding errors in the previous judgment. (Para 3 , 4 , 5 , 6 , 7)

COMMON ORDER

R.P.No.1494 of 2025 is filed by respondents 1, 2 and 5 in W.A.No.382 of 2025, R.P.No.1506 of 2025 is filed by respondents 1 to 3 in W.A.No.173 of 2025 and R.P.No.1545 of 2025 is filed by respondents 1 to 3 in W.A.No.209 of 2025, under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure 1908 , seeking review of the common judgment dated 06.10.2025, passed by this Court in those writ appeals.

3. According to the learned Senior Government Pleader, the common judgment dated 06.10.2025 passed by this Court is suffering from error apparent on the face of the record. The learned Senior Government Pleader submitted that the 1st proviso to Section 34 of the Rights of Persons with Disabilities Act, 2016 (‘2016 Act’, for short) provides that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time. Such a provision was not there in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Ac

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