The maintainability of a review application should be decided first before deciding it on merit.

Headnote:
REVIEW APPLICATION - MAINTAINABILITY - SHOULD BE DECIDED FIRST
Fact of the Case:

The petitioners-appellants filed a special appeal against the impugned order passed by the learned Single Judge in Writ-C No. 22783 of 2021. The grievance of the petitioners-appellants was that the Regional Level Committee had proceeded to decide the review application on merit without deciding the preliminary question of maintainability of the review application.
Finding of the Court:

The court observed that the learned Single Judge had passed the impugned order dated 27.9.2021 observing that "while considering the review application, the objections filed by the petitioners on the issues of maintainability of the review application, shall also be considered and appropriate decision will be taken".
Issues: Whether the Regional Level Committee should decide the maintainability of the review application first.
Ratio Decidendi: The court held that the question of maintainability of the review application should be decided first by the Regional Level Committee and if it is found maintainable, only then it shall be decided on merit.
Final Decision: The special appeal was disposed off with the consent of learned counsel for the parties by modifying the impugned order dated 29.7.2021 to the extent that a direction was issued to the respondent No.3 to decide first the objection as to the maintainability of the review application and if it is found that the review application is maintainable, then he shall proceed to decide the review application on merit.

Court No. - 3

Case :- SPECIAL APPEAL DEFECTIVE No. - 902 of 2021

Appellant :- C/M Gandhi Smarak Inter College And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Appellant :- Siddharth Khare,Sr. Advocate

Counsel for Respondent :- C.S.C.

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Ashutosh Srivastava,J.

Heard Sri Ashok Khare, learned Senior Advocate, assisted by

Sri Siddharth Khare, learned counsel for the petitioners-

appellants and the learned Standing Counsel for the State-

respondents.

Grievance of the petitioners-appellants is that although the

learned Single Judge has passed the impugned order dated

27.9.2021 in Writ-C No. 22783 of 2021 observing that "while

considering the review application, the objections filed by the

petitioners on the issues of maintainability of the review

application, shall also be considered and appropriate decision

will be taken" and yet without deciding the preliminary

question of maintainability of review application the Regional

Level Committee has proceeded to decide the review

application on merit.

Learned Standing Counsel submits that the question of

maintainability of review application shall first be decided by

the Regional Level Committee and if it is found maintainable,

only then it shall be decided on merit.

In view of the statement made by the learned Standing Counsel,

we do not find any good reason to keep this special appeal

pending and, therefore, it is being disposed off with the consent

of learned counsel for the parties by modifying the impugned

order dated 29.7.2021 to the extent that a direction is issued to

the respondent No.3 to decide first the objection as to the

maintainability of the review application and if it is found that

the review application is maintainable, then he shall proceed to

decide the review application on merit.

With the aforesaid observation, the special appeal is disposed

off.

Order Date :- 11.1.2022

Vandana