Go-Go International And Anr. vs Union Of India (Uoi) And Anr. on 15 September, 2004
19. A further judgment referred to by learned Senior Counsel again on the basis of the stand of the respondents having relied upon the same was in the case of M.K. Jain and Anr. v. Union of India and Anr., 2002 VII AD (DELHI) 513. The judgment of learned Single Judge of this Court and the facts were similar to the extent that there was a ban in transfer in respect of certain items imposed during currency of the quota. In fact, it was not even disputed by learned Senior Counsel that the facts are apposite, but the contention was that the plea of vested right was neither claimed nor argued. A reference in this behalf was placed on para 8 of the judgment to show that the impugned notice was challenged on the ground of not being in public interest, contrary to principles of promissory estoppel, legitimate expectation and the rule of audi alteram partem. It was further assailed on the ground of lack of authority of law and was alleged to be a mala fide exercise of the power.