Shahnawaz Akhter and 3 Others v. Pradeep Kumar Trivedi and 24 Others

Court No. -3 Case :-CIVIL MISC REVIEW APPLICATION DEFECTIVE No. -75 of 2023 Applicant :-Shahnawaz Akhter And 3 Others Opposite Party :-Pradeep Kumar Trivedi And 24 Others Counsel for Applicant :-A.S.G.I.,Raj Kumar Singh Counsel for Opposite Party :-Dwijendra Mishra Hon'ble Vivek Chaudhary,J. Hon'ble Subhash Vidyarthi,J. (Order on I.A. No.1 of 2023-Delay condonation application) This is an application for condonation of delay in filing the review application. The application is supported with an affidavit. There is no objection on behalf of opposite parties. The ground taken in the affidavit is sufficient. Accordingly, the application is allowed. The delay in filing the review application is condoned. Order on review application:-

¶1Heard Sri Raj Kumar Singh, learned counsel for review applicant-Union of India and learned counsel for opposite parties.

¶2The sole ground of counsel for review applicant is that Central Administrative Tribunal allowed the claim petition of opposite parties on ground of no opportunity of hearing and permitted the Union of India to pass fresh order after giving an opportunity of hearing to opposite parties. While challenging the said order before this Court it was argued that the Board from which opposite parties gained their Class-XII certificate was not duly recognized and the said argument was rejected by this Court in writ petition.

¶3The said issue was required to be considered while giving opportunity of hearing to opposite parties and, hence, the said observation should be diluted in the review application.

¶4Once a judgment is passed by this Court after hearing both the parties, this can not be a ground for reviewing an order and modifying the same.

¶5In view thereof, the review application has no force and the same is dismissed. Order Date :- 8.12.2023 Arti/- [Subhash Vidyarthi,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench