7th July, 2026 (D/L No.12) Ct. No.4 (SKB) R.V.W.36 of 2026 With CAN 1 of 2026 CAN 2 of 2026 Kausik Ranjan Dhara Versus State of West Bengal and others Mr. Amritam Mandal, Ms. Swati Agarwal, Mr. Keshab Chakraborty … for the petitioner. Mrs. Chandreyi Alam, ld. AGP, Ms. Runu Mukherjee … for the State. Mr. Amitava Chaudhuri, Mr. N. Roy … for the WB.J.E.E.B. 1. CAN 2 filed for condonation of delay under Section 5 of the Limitation Act, 1963 is disposed of in view of the Stamp Reporter’s report relying upon decision of a Co-ordinate Bench in Maruti Real Estate Pvt. Ltd. & Anr. Vs. Life Insurance Corporation of India & Ors. Reported in (2008) 94 ICC 413. 2. The writ petitioner was applicant before the West Bengal Administrative Tribunal (for short ‘Tribunal’) wherein he claimed relief for grant of study leave to pursue a B. Pharm course. 3. The Tribunal rejected the petitioner’s claim. Order of the Tribunal was put to challenge in the writ proceeding. 2 4. The court upheld the decision of the authorities rejecting the petitioner’s claim on the dual ground that the degree sought to be pursued was not a higher degree and since the authorities were of the view that having regard to exigencies of public service, the petitioner could not be spared. 5. A review has been filed. The learned advocate for the review application submits that this court in the case of Rameswar Halder Vs. The State of West Bengal and others in W.P.A.642 of 2024 held by an order dated 18.04.2024 that B. Pharma is a higher degree and this judgment despite being diligence could not be produced at the time of hearing of the writ petition. 6. The learned advocate has tried to convince us that the B. Pharma degree is a higher degree by placing reliance on other documents which have been enclosed with an application for Stay filed in the present proceeding. 7. The judgment in the case of Rameswar Halder (supra) relied upon is the judgment of a learned Single Judge having no binding precedent for this court (Division Bench) wherein the writ petition was considered. 3 8. We find that the present review petition is nothing more than an attempt of the writ petitioner to get a rehearing of the writ petition already decided on merits. 9. We are not inclined to allow the petitioner to reargue the matter based on the documents which he now proposes to rely upon in exercise of review jurisdiction, as if we are sitting in appeal over the judgment under review. 10. The law in this regard is clear that a power of review may not be invoked on the ground that the decision was erroneous on merit. 11. The Apex Court has held definitive limits to the exercise of power of review. Such power is exercised when there is a mistake or error apparent on the face of the record or on discovery of new and important matter or evidence, which after exercise of due diligence was not within the knowledge of the person seeking the review. The power may also be exercised on any analogous ground. Referring to earlier decision of the Hon’ble Supreme Court of India in the case of Aribam Tuleshwar Sharma v. Aribam Pishak Sharma, Reported in 1979 4 SCC 389 the apex court held in the case of State of Telangana Vs. Mohd. Abdul Qasim (Died) per Legal reported in (2024)6 4 SCC page 461 that the power of review may not be exercised on a ground that the decision was erroneous on merits. The apex court held that such a ground would be the province of a court of appeal. A power of review is not to be confused with appellate powers which may enable an appellate court to correct all manner of errors committed by the subordinate court. 12. Our view is fortified by decision of the Apex Court in the case of Mohd. Abdul Qasim (supra) and in the case of Shri Ram Sahu (Dead) through Legal Representatives and others Vs. Vinod Kumar Rawat and others reported in (2021) 13 SCC 1. 13. Having regard to the narrow scope of a review proceeding, the law laid down by the Apex Court, we find that no case is made out for review. 14. The same is dismissed. 15. The application being CAN 1 of 2026 is, thus, disposed of. (Madhuresh Prasad, J.) (Prasenjit Biswas, J.)