Case Note & Summary
The Supreme Court considered a review petition arising from its earlier order dated 26.07.2021 in Special Leave Petition (Civil) No.11323 of 2021. The original petition had challenged the order dated 03.12.2019 passed by the High Court of Judicature at Allahabad, Lucknow Bench, concerning a recruitment matter. The background involved the State Government being granted liberty by the Supreme Court in State of U.P and others v. Shiv Kumar Pathak and others to fill remaining vacancies through fresh advertisement and selection process. The petitioners had initially contended that the selection process initiated pursuant to the Notification dated 07.12.2012 should have been completed, and also raised a subsidiary issue regarding refund of prescribed fees. The Supreme Court had dismissed the special leave petition on 26.07.2021, finding no merit in the substantive submissions. In the review petition, the petitioners raised a new submission alleging that 95 candidates had been wrongly selected as they did not fulfill the prescribed criteria of 60% for reserved category and 70% for unreserved category, based on interim orders issued by the Court. The Court examined the grounds raised in the review petition and concluded that there was no reason to justify interference. The Court granted permission to file the review petition and condoned the delay, but ultimately dismissed the review petition, finding no merit in the challenge to the selection process and criteria compliance.
Headnote
A) Civil Procedure - Review Jurisdiction - Grounds for Review - Supreme Court Rules - Review petition challenged selection process alleging criteria non-compliance - Court examined grounds and found no merit to justify interference - Held that review petition must be dismissed as no sufficient grounds were established (Paras 1-2). B) Administrative Law - Recruitment Process - Selection Criteria Compliance - Uttar Pradesh Government Orders - Petitioners alleged 95 candidates did not meet prescribed percentage criteria - Court found no merit in substantive submissions regarding selection process - Held that fresh selection process initiated after earlier court order was proper (Paras 1-2).
Issue of Consideration
Whether the review petition raises sufficient grounds to interfere with the earlier dismissal of the special leave petition regarding the selection process and criteria compliance
Final Decision
Review petition dismissed; permission to file review petition granted; delay condoned
Law Points
- Review jurisdiction
- Selection process validity
- Criteria compliance
- Delay condonation
