{"id":2189,"date":"2024-08-13T16:51:47","date_gmt":"2024-08-13T11:21:47","guid":{"rendered":"https:\/\/xpertslegal.com\/blog\/?p=2189"},"modified":"2024-08-13T16:51:47","modified_gmt":"2024-08-13T11:21:47","slug":"supreme-court-outlines-characteristics-of-doctrine-of-legitimate-expectation","status":"publish","type":"post","link":"https:\/\/xpertslegal.com\/blog\/supreme-court-outlines-characteristics-of-doctrine-of-legitimate-expectation\/","title":{"rendered":"Supreme court outlines characteristics of doctrine of legitimate expectation"},"content":{"rendered":"

ARMY WELFARE EDUCATION SOCIETY NEW DELHI\u00a0 \u00a0[<\/strong>APPELLANT ]\u00a0 Vs.<\/strong><\/h1>\n

SUNIL KUMAR SHARMA & ORS.\u00a0 [<\/strong>RESPONDENT(S)]<\/h1>\n

CIVIL APPEAL NOS. 7256-7259 OF 2024<\/p>\n

(2JB, J.B. PARDIWALA and MANOJ MISRA JJ., delivered by J.B. PARDIWALA, J<\/strong>.)<\/p>\n

Facts:<\/u><\/strong> The present appeals arise from the common judgment and order passed by the High Court of Uttarakhand at Nainital dated 02.11.2018 in Special Appeal No. 523 of 2014, Special Appeal No. 524 of 2014, Special Appeal No.128 of 2015, Writ Petition No. 439 of 2015 and Writ Petition No. 776 of 2015 by which the High Court dismissed the appeals filed by the appellants herein and thereby affirmed the judgment and order passed by the learned single Judge of the High Court dated 05.08.2014 in Writ Petition No. 341 of 2012 filed by the respondents herein.<\/p>\n

Issue:<\/u><\/strong> Whether the appellant Army Welfare Education Society is a \u201cState\u201d within Article 12 of the Constitution of India so as to make a writ petition under Article 226 of the Constitution maintainable against it?<\/p>\n

Arguments on behalf of counsel for appellant:<\/u><\/strong><\/p>\n

Mr. Naresh Kaushik, the learned senior counsel appearing for the appellant submitted that the respondents originally were employees of an unaided private minority public school by the name St. Gabriel\u2019s Academy. As St. Gabriel\u2019s Academy is no longer in existence, the teaching and non-teaching staff of St. Gabriel\u2019s Academy came to be absorbed by the appellant society. In such circumstances, according to the learned counsel, the writ petition filed by the respondents before the High Court, by itself, was not maintainable. According to him, the learned single Judge committed a serious error in entertaining such writ petition at the instance of the respondents herein.<\/p>\n

Arguments on behalf of counsel for respondent:<\/u><\/strong><\/p>\n

The present appeals have been vehemently opposed by the learned senior counsel appearing for the respondent by submitting that the no error, not to speak of any error of law, could be said to have been committed by the High Court in passing the impugned judgment and order. Accordingly to the learned counsel, the appellant society is a \u201cState\u201d within Article 12 of the Constitution because as per the amendments made to the Memorandum of Army Welfare Education Society, the address of the Army Welfare Education Society (AWES) is shown to be the Adjutant General\u2019s Branch in the Integrated headquarters of the Ministry of Defence [MoD] (Army).<\/p>\n

Held:<\/u><\/strong> The court allowed the present appeal and held that, \u201cSo far as Article 12 of the Constitution is concerned, the \u201cState\u201d includes \u201call local and other Authorities within the territory of India or under the control of the Government of India\u201d. The debate on the question as to which body would qualify as \u201cother authority\u201d & the test\/principles applicable for ascertaining as to whether a particular body can be treated as \u201cother authority\u201d has been never ending. If such an authority violates the fundamental right or other legal rights of any person or citizen (as the case may be), a writ petition can be filed under Article 226 of the Constitution invoking the extraordinary jurisdiction of the High Court and seeking appropriate direction, order or writ.\u201d<\/em><\/p>\n\n","protected":false},"excerpt":{"rendered":"

ARMY WELFARE EDUCATION SOCIETY NEW DELHI\u00a0 \u00a0[APPELLANT ]\u00a0 Vs. SUNIL KUMAR SHARMA & ORS.\u00a0 [RESPONDENT(S)] CIVIL APPEAL NOS. 7256-7259 OF 2024 (2JB, J.B. PARDIWALA and MANOJ MISRA JJ., delivered by J.B. PARDIWALA, J.) Facts: The present appeals arise from the common judgment and order passed by the High Court of Uttarakhand at Nainital dated 02.11.2018 […]<\/p>\n","protected":false},"author":1,"featured_media":2191,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-2189","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-judgement"],"_links":{"self":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/2189","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/comments?post=2189"}],"version-history":[{"count":1,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/2189\/revisions"}],"predecessor-version":[{"id":2192,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/2189\/revisions\/2192"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media\/2191"}],"wp:attachment":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media?parent=2189"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/categories?post=2189"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/tags?post=2189"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}