2025 (1) TMI 1525 - SC - Indian Laws

Seeking review of an order - HELD THAT - What is recorded in the order dated 26 th April 2024 is the oral consent of the learned counsel appearing for the respondents herein. All the Constitutional Courts in our country accept the oral statements made on behalf of the parties by their respective learned counsel. The order impugned proceeds on a footing that there is no consent given in writing. As the oral consent of the learned counsel appearing for the respondents has been expressly recorded the order dated 26th April 2024 could not have been reviewed on the ground that there was no written consent. The impugned order is hereby set aside and the order dated 26th April 2024 is hereby restored - Appeal allowed.

Summary

The Supreme Court of India, comprising Hon'ble Justices Abhay S. Oka and Ujjal Bhuyan, addressed a review petition concerning an order dated 26th April 2024 from the High Court of Calcutta. The original order was passed "by consent of all parties," allowing candidates from a 2009 recruitment process to receive appointments against vacancies. The review petition challenged the order on the basis that the consent was not in writing. However, the Supreme Court noted that "oral consent" by counsel is accepted by Constitutional Courts in India and was expressly recorded in the order. Consequently, the Supreme Court set aside the review order that recalled the original decision, thereby restoring the order dated 26th April 2024. The Court clarified that parties aggrieved by this order could challenge it "in accordance with law." Additionally, the Court acknowledged a pending writ petition related to the case, allowing it to proceed legally. The appeals were allowed, and pending applications were disposed of accordingly.