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2026 Supreme(Online)(Mad) 24999

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
S.Sibichakkaravarty – Appellant
Versus
The Chairman Tamil Nadu Public Service Commission – Respondent
Review Application No.51 of 2023



Advocates:
For the Appellants/Petitioners: Mr.S.Thanka Sivan
For the Respondents: Mr.I.Abrar Mohammed Abdullah

A review petition cannot re-adjudicate matters already settled unless an apparent error is established.

Headnote:This judgment discusses the review petition filed to reassess an earlier decision of the court dated 01.12.2022 regarding recruitment exams conducted by the Tamil Nadu Public Service Commission under Order 47 Rule 1 and Section 114 of the Code of Civil Procedure. The petitioner’s request for reevaluation based on perceived errors in marks was deemed outside the permissible scope for review, leading to dismissal of the petition. The court affirmed that the review process cannot re-adjudicate matters already decided unless a clear error is demonstrated. Thus, the petition is dismissed with no costs.

Table of Content
1. facts regarding examination reevaluation. (Para 2)
2. arguments against the merits of review. (Para 3)
3. final ruling on dismissal of petition. (Para 4)

O R D E R

[Made by S.M.SUBRAMANIAM, J., The present review petition filed seeking to review the order of this Court dated 01.12.2022 passed in W.A.No.760 of 2022 is based on the grounds raised on merits.

2. The review petitioner had filed the writ petition seeking reevaluation of answer sheets in respect of the written examination for recruitment to the Group I Services, as notified by the Tamil Nadu Public Service Commission on 01.01.2019. The writ Court dismissed the petition and the writ appeal also came to be dismissed.

3. Mr.S.Thanka Sivan, learned counsel for the petitioner, would submit that the marks entered are patently erroneous and that needs to be reviewed. While deciding the writ appeal, the Hon’ble Division Bench of this Court had considered these aspects and decided the matter on merits.

Re-appreciation of facts in a review petition is impermissible and the scope of the review cannot be expanded beyond an error apparent, if any, is established. In the present case, an attempt has been made to re- adjudicate the issues and thus, this Court is not inclined to entertain the present writ petition.

4. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs.

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