IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 RP.No. 803 of 2010(N) --------------------- AGAINST THE JUDGMENT IN WPC.7339/2010 Dated 01/06/2010 .................... REVIEW PETITIONER(S): RESPONDENTS 4 & 5: ---------------------------------------- 1. THE HEADMASTER, S.D.V.HIGH SCHOOL, PERAMANGALAM, THRISSUR DISTRICT. 2. THE MANAGER, S.D.V.HIGH SCHOOL, PERAMANGALAM, THRISSUR DISTRICT. BY ADV. SRI.K.M.SATHIANATHA MENON RESPONDENT(S): PETITIONER & RESPONDENTS 1 TO 3 --------------- 1. P.A.SMITHA, W/O.RAJEEV C.MENON, MUSIC TEACHER (UNDER SUSPENSION) S.D.V.HIGH SCHOOL, PERAMANGALAM,THRISSUR DISTIRCT. (RESIDING AT KRISHNA KRIPA, MUTHUVARA, THRISSUR DISTRICT.) 2. THE STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT. GOVERNMENT PLEADER SRI.K.C.SANTHOSH-R2 TO R4 SRI.V.A.MOHAMMED-R1 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- R.P. NO.803 OF 2010 IN W.P.(C).NO.7339 OF 2010 -------------------------------------------- Dated this the 6th day of September, 2010 ORDER Respondents 4 and 5 in the Writ Petition are the review petitioners. This Review Petition has been filed against the judgment dated 1.6.2010 in W.P.(C).No.7339/2010 whereby this Court, after considering the rival contentions, disposed of the Writ Petition with a direction to the third respondent to issue appropriate direction to the fifth respondent in tune with Ext.P5 within a period of two weeks from the date of receipt of a copy of the said judgment. Considering the fact that the issue had been pending for a long time, it was further directed to the third respondent to take appropriate action against the fifth respondent, review petitioner herein in case of his failure to comply with the directions issued in tune with Ext.P5 within the time stipulated as per the said judgment. Admittedly, on 4.6.2010, the writ petitioner was reinstated in service. Thereafter, the review petition has been filed by respondents 4 and 5 in the Writ Petition. The essence of the contentions raised in the review petition R.P. NO.803/2010 in W.P.(C).NO.7339/2010 2 is that as per the judgment sought to be reviewed, this court resurrected Ext.P5 which was already recalled. Obviously, the said judgment has been passed after hearing and considering the rival contentions and taking note of the contentions raised in the counter affidavit filed by the fifth respondent. The document produced herein as Annexure- A1 was not before this Court at the time of hearing the Writ Petition. That apart, obviously, the same was issued by the Government based on a petition by the 2nd review petitioner to review the order of the Government in G.O(Rt). No.369/10/G.Edn. Dated 20.1.2010 viz., Ext.P5. Evidently, Ext.P5 is an order passed on a revision petition. In view of the Full Bench decision of this Court reported in Anil Kumar v. State of Kerala (2009 (3) KLT 650), no review will lie against an order passed in revision under Rule 92 of Chapter XIV A of the Kerala Education Rules. Therefore, based on Annexure-A order, I cannot review the judgment dated 1.6.2010 which was decided on merits. The petitioner has failed to make out the error that is apparent on the face of the records warranting interference with judgment dated 1.6.2010 under review jurisdiction. It is a settled position that a judgment cannot be re-written by invoking the review jurisdiction. In the above circumstances, I am of the view that there is no reason to R.P. NO.803/2010 in W.P.(C).NO.7339/2010 3 interfere with the judgment dated 1.6.2010 in W.P.(C).NO.7339/2010 by exercising the review jurisdiction. Accordingly, the review petition is dismissed. (C.T. RAVIKUMAR, JUDGE) spc //true copy// P.A. to Judge. R.P. NO.803/2010 in W.P.(C).NO.7339/2010 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010