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Judgment
The present review petition has been preferred for review of
the order dated 28.10.2013 passed by this Court in S.B. Civil Writ
Petition No.8702/2013.
For the purpose of deciding the present review petition it will
not be out of place to reproduce the entire order, which runs as
under:-
"1. By way of the instant writ petition, the petitioner has sought following relief(s):-
"It is therefore most respectfully prayed that
your lordship may be pleased to allow this writ petition and by an appropriate writ, order or direction:-
(A) The respondents may kindly be directed to consider the RS-CIT certificate submitted by the petitioner and further consider the candidature of the petitioner for selection on the post of LDC accordingly.
(B) That any appropriate writ order or direction which this Hon''ble Court may deem just and proper in the facts and circumstances of the present case may kindly be passed in favour of the petitioner.
(C) The cost may be awarded in favour of the petitioner."
While issuing notices to the respondents, a coordinate bench of this Court by an ad-interim order dated 12.07.2013 has granted the following interim relief:-
"Heard on stay petition.
Considering the facts in entirety, the respondents are directed to provisionally consider the candidature of the incumbent petitioners, if he/she/they have completed RS/CIT or any other computer education in accordance with the rules governing the province of recruitment, or is/are otherwise eligible for the post in question before finalization of the select list. After consideration of the same, the respondents would act accordingly and pass necessary orders subject to availability of vacancies."
In the considered opinion of this Court, no further directions are required to be given in view of aforesaid interim order of the coordinate bench of this Court, and as agreed by the learned counsel for the parties, this writ petition is disposed of in terms of the
interim order dated 12.07.2013. No costs. A copy of this order be sent to the concerned parties forthwith."
Mr. Parvez, learned counsel appearing for the review
petitioners submitted that while deciding the writ petition, this
Court had made the interim order absolute, without adjudicating
the merits of the case.
After hearing learned counsel for the petitioners, this Court
is of the firm view that the arguments advanced by the petitioners
are beyond the scope of this Court''s power to review , as there is
no apparent error on the face of the record.
The order under review had been passed in presence of the
counsel for the State and if they were aggrieved of the same or
were of the view that it suffers from any error or illegality, it was
required of the petitioners-State to challenge the same before
appropriate forum.
The present review petition filed with an inordinate delay of
1333 days is not only hopelessly barred by limitation, but the
same also falls outside the ambit of review.
No case of Review is made out, particularly, because the
order under consideration had been passed with the consent of
the counsel for the parties.
The review petition is therefore dismissed.