The applicant has taken out present application seeking below mentioned relief:-
"4(B) Be pleased to recall and review the order dated 26.4.2012 passed in Special Civil Application No.604 of 2012 and be expunge/delete the observations made in paragraph 5.1 of the order and be pleased to direct the concerned opponent authorities to consider and decide the application made by the applicant for undergoing the course of Diploma in Public Health as per the policy of the State Government in the aforesaid peculiar facts and circumstances of the case;"
2. In view of the settled legal position, the order or judgment can be reviewed in the event there is any error apparent on the face of record.
3. In present case, the applicant has prayed that the order dated 26.4.2012 may be reviewed and recalled.
4. So far as the said order dated 26.4.2012 is concerned, the said order merely records submissions and stipulations made on behalf of the petitioner. The submissions and stipulations by the petitioner have been recorded "as-it-is" i.e. as they were made by the applicant and that therefore, it cannot be said that any error has been committed in passing the order dated 24.6.2012.
5. Mr.
Suthar, learned advocate for the applicant, has submitted that at the relevant time, there was some miscommunication and misunderstanding and therefore, the said submissions and stipulations were made, however, on perusal of the relevant policy, it is noticed that according to the policy, the expenses were to be borne by the department/employer and that therefore, the applicant / petitioner seeks modification in the order.
Such aspects or eventuality do not fall within the scope of review as it cannot be termed as error in the order, much less error apparent on face of order or record.
6. The said submission makes it clear that the order does not suffer from any error on the fact of it. Therefore, present application is not within the purview and scope of "review" and/or with the purview of Order-47 of C.P.C.
The application, therefore, cannot be entertained. The application accordingly stands disposed of.
(K.M.Thaker, J.) kdc Top