Context:
A group of medical students recently filed a review petition challenging the Supreme Court’s decision to dismiss their writ petition, which sought to cancel the NEET UG 2024 examination.
Relevance:
GS II: Polity and Governance
Review Petitions:
Concept and Applicability:
- Functus Officio Doctrine: Post-judgment, a case is typically considered closed under this doctrine, prohibiting its reopening.
- Exception for Review: The doctrine allows for exceptions where a review petition can be filed to re-examine the case.
Supreme Court’s Authority:
- Article 137 Empowerment: Empowers the Supreme Court to review its decisions to address significant errors but not minor inaccuracies.
- High Courts’ Review Powers: Under Article 226, High Courts can also review their judgments if there’s a legal breach or constitutional violation.
Grounds for Review:
- Established Criteria: The Supreme Court recognizes three main grounds for review:
- Discovery of new, critical information or evidence previously unavailable.
- Obvious errors on the face of the record.
- Any sufficiently analogous reason to the above two.
Review Procedure:
- Eligibility to File: Not restricted to parties of the case; any aggrieved individual can file a review petition.
- Filing Deadline: Must be submitted within 30 days from the judgment or order date.
- Review Mechanism:
- Conducted without oral arguments, generally reviewed through circulation among judges.
- Aimed to be handled by the same bench that issued the original judgment unless impractical.
- Outcome of Review:
- Petitions lacking in substantial merit are typically rejected.
- Dismissed petitions allow for the filing of a curative petition as a further recourse.
