JUNID ASHRAF Vs. UNIVERSITY OF KASHMIR AND ORS.

JUDGEMENT

(1.) This review petition is filed to recall the order dated 17th March 2009 passed in OWP No. 213/09 titled "BiLal Ahmed and ors. v. University of Kashmir and ors". When this review petition was taken up for consideration Mr. J.A. Kawoosa Id. counsel for University appeared and raised objection about the maintainability of the review petition on the ground that the certified copy of the order/judgment sought to be reviewed has not been filed along with the review petition and the certificate given by learned Advocate is also defective in as much as he has not stated herein that he has perused the judgment and has only stated that he has perused the relevant record of the case which in the face of rule 66 (1) of J&K High Court Rules 1999 cannot be said to be a valid certificate. Passionate appeal was made by Id. counsel Mr. R.A. Jan to consider the review petition on its merits, as the career of the students is involved. The objection about maintainability of review petition raised by Mr. Kawoosa may be of procedural nature but cannot be said to be of possessing the potential of throwing out review petition without considering the same. Since human fallibility is there and errors can be committed, so in order to do substantial justice to the parties, this court decided to consider the review petition on its merits so as to satisfy itself, any error/mistake apparent on the face of record is shown to be existing, and if shown then this court being sentinel of rights of the people will not lose a moment to review the judgment and recall the order. Mr. R.A. Jan was given patient hearing to his satisfaction by the court with earnest endeavour to ensure that injustice is not done. The review petitioners filed writ petition seeking following reliefs:

(2.) This court vide judgment dated 17.03.2009 after considering the case and arguments of the Id. Counsel for parties dismissed the same, for the reasons stated therein and for the grounds that no legal foundation has been laid in the writ petition for seeking the reliefs as prayed in the writ petition, and secondly statute 15 would require strict compliance thereof to maintain and observe the academic excellence of academic institutions.

(3.) Heard Id. counsel for parties and considered the matter.