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The State of Jharkhand v. Bhagirathi Prasad Dey

Review Petition (Civil) · 2021 INSC 804Decided 30 Nov 2021
Review Petition (Civil) No. 1105 of 2021
Justice Uday Umesh Lalit · Justice Vineet Saran

Background

The underlying Civil Appeal (No. 3693 of 2020) concerned whether a teaching certificate issued by Sister Nivedita College, Kolkata, before the National Council for Teacher Education Act, 1993 came into force, was a valid qualification. The controversy had already been addressed in a series of Jharkhand High Court decisions, which treated such a certificate as good and valid, and the Supreme Court's earlier order followed that consistent line of High Court rulings. The State of Jharkhand, dissatisfied with that outcome, filed a Review Petition and also sought to have it listed for hearing in open court.

Decision Breakdown

The Supreme Court first dismissed the State's application for listing the review petition in open court. On the substance, the Court reiterated that the issue had already been settled by a consistent series of High Court decisions accepting such pre-1993 certificates as valid qualifications, and that its earlier order had correctly followed that position. Finding no error apparent on the record, the standard required for a review to succeed, the Court dismissed the Review Petition, finally disposing of the matter.

Lesson Learnt

Where a legal question has already been settled by a consistent line of High Court decisions and the Supreme Court's order simply follows that settled position, a review petition seeking to reopen the issue will not succeed without a genuine, demonstrable error on the record.

Official source (sci.gov.in)View Judgment (PDF)

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