IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 RP.No. 881 of 2002(H) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.3018/1997 Dated 17/01/2002 .................... REVIEW PETITIONER(S): PETITIONER ---------------------------------- DR.S.BHAGYALAKSHMI, T.C.23/415,MEENAKSHI, KOCHAR ROAD,VALIYASALA, THIRUVANANTHAPURAM. BY ADV. DR.K.P.SATHEESAN BY ADV. MR.K.K.GOPINATHAN NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. UNIVERSITY OF KERALA,REP.BY THE REGISTRAR,UNIVERSITY OF KERALA, UNIVERSITY BUILDINGS,THIRUVANANTHAPURAM. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY REGISTRAR (ADMN.III), UNIVERSITY BUILDING, THIRUVANANTHAPURAM. 4. DR.B.PUSHPA,SELECTION GRADE LECTURER IN MUSIC,GOVERNMENT COLLEGE FOR WOMEN,THIRUVANANTHAPURAM. R1 TO R3 BY S.C. R4 BY MR N.NANDAKUMARA MENON, SENIOR ADVOCATE R4 BY ADVS.MR.PURUSHOTHAMAN, MR.M.K.CHANDRA MOHANDAS, MR.K.MANOJ CHANDRAN, SMT.SUSHYA RAJAN. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOTTATHIL B.RADHAKRISHNAN, & P.S.GOPINATHAN, JJ. ------------------------------------------- R.P.No.881 OF 2002 ------------------------------------------- Dated this the 16th day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.This review petition is filed by the petitioner in O.P.No.3018/97, decided as per judgment dated 17.1.2002. 2.According to the review petitioner, following interim orders issued in the original petition, she participated in the selection and was ranked first. She, therefore, says that the decision of the University that she was ineligible for being considered for appointment in terms of the relevant notification is baseless. The judgment is sought to be reviewed on this ground. 3.We may notice that the review petitioner had filed special leave petition before the Apex Court, which was dismissed in limine. The petitioner may be justified in saying that since the RP.881/02 2 SLP was dismissed in limine, it may be open to her to seek review of the judgment of this Court. 4.However, adverting to the merits of the review petition, it needs to be noticed that in paragraphs 4 and 5 of the judgment sought to be reviewed, the Bench had specifically adverted to and considered the contentions on facts. The application of the petitioner before the University was taken up and considered by the Bench and it was concluded that the application submitted by the petitioner did not show that she had the prescribed experience in Research. Adverting to the entire materials, the Bench held in paragraph 5 therein that what is envisaged in the notification is research experience and/or research leading to Ph.D. The Bench concluded that the mere fact that the petitioner had published some books of her own or that she had worked in the State Institute of Encyclopaedic Publications or in the State Institute of Children's Literature would not show that, in fact, she has research experience. Such finding is rendered by the Bench construing the particular notification in a particular manner RP.881/02 3 and after adverting to and considering the contents of the application of the petitioner submitted to the University. We do not, therefore, find that any relevant fact has escaped the notice of the Bench. There is no error apparent on the face of the judgment. In fact, the review is sought on the basis of the findings of the selection committee placing the petitioner as the first rank holder in the selection in which she participated on the basis of the interim order issued by this Court. Obviously, that result was subject to the final result of the original petition which, unfortunately, went against her. We, therefore, find that no ground for review of the judgment is made out. The review petition fails. In the result, the review petition is dismissed. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.17/02.