Chief Justice's Court
Case :- SPECIAL APPEAL No. - 83 of 2018 Appellant :- Ram Chandra And 12 Others Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Syed Mohammad Abbas Abdy, ,H.N. Singh,Vineet Kumar Singh,H.N. Singh Sr. Advocate Counsel for Respondent :- C.S.C.,M.N. Singh,Nisheeth Yadav,Nishit Yadav,Shyam Lal,Upendra Nath Mishra
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
In re : Civil Misc. Review Application No. 11 of 2019
To review the judgment dated 02.07.2019 passed in Special Appeal No. 83 of 2018, instant application is preferred.
By the judgment aforesaid, this Court while affirming the judgment passed by learned Single Bench held that "carried forward vacancies or the vacancies or the unfilled vacancies" as referred under Article 16 (4-B) of the Constitution of India and under sub-Section (2) of Section 3 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as "Act, 1994") are the left out vacancies from the reserved category post, subjected to a process of selection. No special recruitment can be availed to satisfy the vacancies which are not subjected to any recruitment process.
As per the review petitioner, the Court while dismissing the special appeal has not taken into consideration the fact that before Single Bench, the State Government deliberately/knowingly did not produce correct facts including the judgment and order dated 08.05.2015 passed in Special Appeal No. 31 of 2005 which is having a material bearing in the instant matter. It is also stated that the State of Uttar Pradesh has regularized several persons on the post of Assistant Review Officer ignoring the provisions of the Act, 1994 and several other enactments pertaining to the law relating to reservation for Scheduled Castes and Scheduled Tribes. As a consequence thereof, the vacancies relating to the quota of reservation of Scheduled Castes and Scheduled Tribes has not been filled in and the vacancies pertaining to the quota referred above have been occupied by the persons of General Category.
It is well settled that a review application under Section 114 read with Order XLVII Rules 1 and 2 of the Code of Civil Procedure, 1908 can be entertained (i) when new and important matter or evidence is discovered which, after the exercise of due diligence was not within the knowledge or could not be produced by a party to the proceedings at the time when the decree or order was passed; (ii) when there is any mistake or error apparent on the face of record; and (iii) when there is any other sufficient reason exists.
In the case in hand, the Division Bench was examining validity of the judgment passed by Single Bench wherein, in precise, the issue was relating to authority of the State to fill up the vacancies concerned by holding a special recruitment. The Court held that the special recruitment can be availed only for left out vacancies of earlier selection process and not otherwise. The issue whether the vacancies pertaining to Scheduled Castes and Scheduled Tribes are occupied by unauthorized persons is entirely different aspect of the matter and that has nothing to do with the issue considered and decided.
The application, as such, does not satisfy the requirements to review an order.
The application is dismissed accordingly.
Order Date :- 26.8.2019/Shubham (Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)