IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 214 of 2011 1. Prakash Chandra Joshi S/o Sri Kulanand Joshi, Resident of Village Nakot Kholia, P.O. Digali Chaur, Lohaghat, Champawat. 2. Vinod Kumar Joshi S/o Sri Pitambar Dutt Joshi, Resident of Village Manadhunga, P.O. Digalichaur, Lohaghat, District Champawat. …….…….. Appellants Versus 1. State of Uttarakhand through Secretary, Education Dehradun. 2. Director of Education Vidyalayi Shiksha, Government of Uttarakhand, Mayur Vihar, Dehradun. 3 State Project Director, Government of Uttarakhand, Council of Education for All, Shahastra Dhara Road, Dehradun. 3. Additional District Education Officer (Basic), Champawat. .….............. Respondents Present: Mr. K.N. Joshi, Advocate for the appellants. Mr. J.P. Joshi, Chief Standing Counsel for the State/ respondents. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble U.C. Dhyani, Judge Date : 25th November, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) After the writ petition was dismissed for the reasons recorded in the judgment rendered on 6th September, 2010, a review petition was filed, whereby and under, it was contended that by reason of a policy of the Government taken subsequent to dismissal of the writ petition, petitioners (appellants herein) have acquired a right which was being canvassed in the writ petition. That review petition has been dismissed. Review of a judgment, on the basis of a right accrued subsequent to rendering of the judgment, is not entertainable. If, by reason of a subsequent decision a new right 2 was created in favour of the petitioners/appellants, they could insist for enforcement of such right by taking such legal proceedings, as they could be advised. The review petition was not the right advice and, accordingly, we find no reason to interfere with the order rejecting the review petition with the observation that new right, if any, accrued in favour of the petitioners/appellants, it shall be open to the petitioners/appellants to enforce the same in accordance with law. 2. The appeal is, accordingly, dismissed with the observations as above. (U.C. Dhyani, J.) ( Barin Ghosh, C.J.) 25.11.2011 25.11.2011 P. Singh