Court Affirms Limited Scope of Review Jurisdiction and Denies Re-evaluation Plea
In a significant judgment, the Punjab and Haryana High Court has dismissed a review application filed by petitioner Diksha Kalson against the State of Haryana and others. The petitioner sought a review of a previous court order that denied her request for the re-evaluation of an answer sheet in a competitive examination for the position of Civil Judge (Junior Division). The bench, comprising Chief Justice Sheel Nagu and Justice Sumeet Goel, reiterated the limited scope of review jurisdiction, emphasizing that it does not allow for re-adjudication on merits unless there is an error apparent on the face of the record or new evidence is discovered.
The petitioner’s initial writ, which was dismissed on February 28, 2025, had challenged the evaluation of her answer in the English Paper IV of the Civil Judge Examination 2023-24. The court had previously held that its role was not to act as a super-evaluator of competitive exams and that the evaluation was not palpably incorrect.
The review application, accompanied by a request to condone a 260-day delay in filing, argued for the re-evaluation of a specific question to ensure fairness and transparency in the examination process. However, the court dismissed the application, citing the absence of any manifest error on the record and the petitioner's failure to provide a satisfactory explanation for the delay.
The judgment underscores the principle that review proceedings are not meant to re-hear cases but to correct clear errors or omissions. The court's decision aligns with established legal precedents that caution against reopening cases without compelling reasons, thereby upholding the finality of judicial decisions.
Bottom Line:
Scope of review jurisdiction is limited and does not permit re-adjudication of issues on merits unless there is an error apparent on the face of the record, discovery of new evidence, or other sufficient reasons under Order XLVII, Rule 1 CPC.
Statutory provision(s): Civil Procedure Code, 1908, Section 114, Order XLVII Rule 1
Diksha Kalson v. State of Haryana, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2837244
