16. It is relevant to refer the observation of the Supreme Court in
Punjab Communications Ltd., v. Union of India, reported in AIR 1999
Supreme Court 1801: (para 40)
40The result is that change in policy can defeat a substantive
legitimate expectation if it can be justified on Wednesbury
reasonableness.
(iii) Punjab Communication Ltd. case and(iv) . That apart, I am of the firm opinion that the mere inconvenience would not amount to a legal prejudice and such inconvenience cannot be a ground to allege violation of Articles 14, 19(1)(g) and 21 of the Constitution of India.
Initially, he placed reliance on Punjab
Communications Limited vs. Union of India91 and Kerala
State Beverages (M&M) Corporation Limited vs. P.P.
Suresh92, where the Court held that, it has been held under
English law that the decision maker's freedom to change the
policy in public interest, cannot be fettered by the application of
the principle of substantive legitimate expectation. Observations
in earlier cases project a more inflexible rule than is in vogue
presently. In Re Findlay93 the House of Lords rejected the plea
that the altered policy relating to parole for certain categories of
prisoners required prior consultation with the prisoner. Lord
Scarman observed: