State Of Maharashtra And 2 ORS v. Bombay University Of College Teachers Union And ANR

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 275 OF 2019 IN REVIEW PETITION (L) NO. 33 OF 2019 IN WRIT PETITION NO. 2290 OF 2015 WITH REVIEW PETITION (L) NO. 33 OF 2019 IN WRIT PETITION NO. 2290 OF 2015 WITH NOTICE OF MOTION NO. 461 OF 2019 IN REVIEW PETITION (L) NO. 33 OF 2019 IN WRIT PETITION NO. 2290 OF 2015 State of Maharashtra & ors.

..Petitioners Vs.

Bombay University and College Teachers Union through Secretary & anr.

..Respondents ............

Ms. Jyoti Chavan, AGP for Applicants-Review Petitioners Mr. Mihir Desai, Senior Advocate a/w. Sariputta P. Sarnath for respondent No.1.

Mr. Rui A. Rodrigues for respondent No.2.

Mr. Ankit Kulkarni for Applicant in NML/461/2019. Mr. Vijay Eknath Sable, Under Secretary, Higher & Tech. Edu. Dr. Dhanraj Mane, Director, Higher Edu.

Dr. Rohidas Kale, Joint Director, Higher Education, Mumbai, present.

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............

CORAM : S.C. DHARMADHIKARI & M.S. KARNIK, JJ.

DATE : 8th NOVEMBER, 2019 P.C.:- Having heard both sides, we find that the Petition styled as Review cannot be entertained.

2.

The Review Petition is nothing but a Memo of Appeal. All the paragraphs and the grounds therein denote that the order of this Court is stated to be passed on incorrect factual assumptions and this Court has not appreciated the powers of the Grievance Redressal Committee. If the grounds (a) to (e) are perused together with the preceding and following substantive paragraphs, it is evident that this not a Petition which can be entertained within the limited parameters of Review. The review jurisdiction is not to be equated with Appeal or Revision. In Appeal whole judgment and order is open for scrutiny and verification on facts and law. In review it is not so. If we entertain this Review Petition we have to reconsider the matter 2/3

in its entirety. That is impermissible in review jurisdiction. Though we condone the delay in filing the Review Petition, we find no merits in the same. It is accordingly dismissed. 3.

In view of the dismissal of the Review Petition, nothing survives for consideration in Notice of Motion (L) No. 461/2019. The same is accordingly disposed of. (M.S. KARNIK, J.) (S.C. DHARMADHIKARI, J.) Digitally signed by Diksha Rane Date:

2019.11.11 14:12:54 +0530 Diksha Rane 3/3