Gurudatta Infrastructures Through ... vs The State Of Maharashtra And Others on 18 December, 2019
Bench
best case of the petitioner seems to be of a legitimate
expectation emerging from the previous situation, but this can never be the basis ... novate a contract. Besides, the plea of legitimate expectation cannot stand in the
face of a statute. Emphasis was placed on the inherent limitation
Constitution of India
and also the doctrine of legitimate expectation. The subsequent
amendment should not operate to the prejudice of the persons with
disabilities, particularly ... which dealt with the principle of "legitimate expectation"
elaborately and held as follows :
"17. Before we do so, we shall refer
aforesaid eligibility standards and thus, he is entitled to have a
legitimate expectation in respect of the subsequent tender
issued by the respondents. In support ... expectation does not require the fulfilment of the
expectation where an overriding public interest
requires otherwise. In other words, where a
person's legitimate
expectation is a relevant factor
requiring due consideration in a fair decision-
making process. Whether the expectation of
the claimant is reasonable or legitimate ... natural
sequence. Again it is distinguishable from a
genuine expectation. Such expectation should
be justifiably legitimate and protectable. Every
such legitimate expectation does
nature of a promise, which the petitioner would legitimately expect
compliance of the requirement of being served one month's notice
before the order ... legitimate expectation, even when
made out, does not always entitle the expectant to a relief.
Public interest, change in policy, conduct of the expectant
representation and resultant detriment. The expectation
must be legitimate or reasonable. Legitimate of expectation
can be inferred only if it is found on the sanction ... bear a rational correlation with a legitimate
governmental objective". The applicant assert that they have
legitimate expectation to be considered through the year long
natural sequence. Again it is distinguishable from a genuine
expectation. Such expectation should be justifiably legitimate and
protectable. Every such legitimate expectation does ... legitimate expectation is a relevant
factor requiring due consideration a fair decision-making process.
Whether the expectation of the claimant is reasonable or legitimate
natural sequence. Again it is distinguishable from a genuine
expectation. Such expectation should be justifiably legitimate and
protectable. Every such legitimate expectation does ... legitimate expectation is a relevant
factor requiring due consideration a fair decision-making process.
Whether the expectation of the claimant is reasonable or legitimate
discharged
the functions of a Group D, it would be his legitimate expectation to seek
pay as is associated with the said post. Due weight ... legitimate expectation is a relevant factor requiring
due consideration a fair decision making process. Whether the
expectation of the claimant is reasonable or legitimate