Service -- Order of punishment - Judicial review - Normally, no Court in exercise of its power of judicial review should interfere with an order of punishment imposed on a delinquent as a measure of disciplinary action by competent authority and substitute its own judgment for that of former...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-party to proceedings if he perceives to be in position of a person aggrieved and satisfies Court as such, can seek review of an order passed therein...........
Service -- Judicial review - Re-evaluation of answer sheets - There cannot be re-evaluation of an answer sheet unless rules, regulations or policy expressly provide so - High Court cannot assume role of super examiner/subject expert and such an exercise should ordinarily be left to domain experts...........
Service -- Recruitment - Judicial review - Power of judicial review in matters of recruitment is limited to examining legislative competence, arbitrariness or violation of fundamental rights, if any - Courts cannot rewrite service rules, determine equivalence of qualifications or substitute their own assessment for that of employer...........
Service -- Recruitment - Judicial review - Scope of judicial review in matters of public employment does not extend to questioning State's wisdom or policy in prescribing minimum eligibility requirements for a public post - Qualifications are prescribed keeping in view the needs and interests of an institution, an industry or an establishment, as the case may be...........
Service -- Recruitment - Judicial review - Equivalence of a qualification is not a matter which can be determined in exercise of power of judicial review - Whether a particular qualification should or should not be regarded as equivalent is a matter for State as the recruiting authority to determine - Assessment of expediency, advisability or utility of such prescription..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Applicants are not party to lis wherein order in question was passed - Even, in the said order there is no indication or reference as to how implication of such order would affect the case of applicants - Remedy as far as applicants are concerned lies elsewhere and not by way of a review as sought for -..........
Criminal Procedure Code, 1973, Section 362 -- Review - Once judgment or order is signed, no alteration or review of same is permissible except to correct a clerical or arithmetical error...........
