State Of Bihar & Ors vs Kalyanpur Cements Ltd on 8 January, 2010
8. However, learned counsel for the applicant would very forcefully argue that the applciant having been called for written examination and examined for the psychological test, the respondents are estopped to bring in different grounds to deny the applicant appointment to the post of ECRC. He has referred to the doctrine of promisory estoppel and placed his reliance on the judgment of Honble Supreme Court in State of Bihar & Others versus Kalyanpur Cement Limited (supra). At this stage, we may refer to the relied on judgment of Honble Supreme Court to find out whether the law laid in the said judgment would be applicable to the facts of the present case. In the judgment of Honble Supreme Court, doctrine of promisory estoppel was invoked. The facts of the case would reveal that there was an unequivocal promise for representation by word or conduct by the Government to the respondent and the representation intended to create legal relations which would arise in future. Honble Supreme Court laid certain parameters to invoke the doctrine of estoppel and those are (a) a party must make an unequivocal promise or representation by word or conduct to the other party; (b) the representation was intended to create legal relations or affect the legal relationship, to arise in the future; (c) a clear foundation has to be laid in the petition, with supporting documents; (d) it has to be shown that the party invoking the doctrine has altered its position relying on the promise; (e) it is possible for the Government to resile from its promise when public interest would be prejudiced if the Government were required to carry out the promise; and (f) the Court will not apply the doctrine in abstract. In order to invoke the doctine of promissory estoppel, clear, sound and positive foundation must be made in the petition itself by the party invoking the doctrine and bald expressions without any supporting material would not be sufficient.