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1 - 7 of 7 (0.28 seconds)State Of M.P. vs Sharique A. Ali . on 7 January, 2014
11. When claim of the petitioner is examined in the light of the
judgment of the Supreme Court in the case of the State of
Madhya Pradesh & Another versus Sharique A Ali & Others
(supra) then it is evident that the writ of mandamus is sought
seeking grant of necessary sanction for creation of 36 posts in
Higher Secondary School No.2 Daboh run by the respondent
No.5/Anusuchit Jati Shiksha Samiti vide Annexure P/26, which
reveals that the persons qua whom the relief is sought are all
appointees after coming into effect of the Amended Act. Thus, in
terms of Paragraph No.7 of the order dated 7.1.2014 passed by the
Supreme Court, it is evident that the Amended Act is applicable to
all those teachers/lecturers/non-teaching staff, who are appointed
by the private aided educational institutions in the State of Madhya
Pradesh after promulgation of the Amended Act.
Smt. Renuka And Others vs State Of Karnataka And Others on 13 August, 1998
13. The High Court of Karnataka in the case of Smt.Renuka &
Others versus State of Karnataka & Others 1999 (2) Kar.L.J
318 dealt with the similar situation & held that the grant-in-aid
cannot be claimed as a matter of right. Giving of such grants are
necessarily a part of the Government Policy, which again depends
on the financial capacity & revenue resources of the Government.
State Of Orissa & Anr vs Aswini Kumar Dash & Ors on 17 March, 1998
The High Court of Karnataka took a cue from the judgment of the
Supreme Court in the case of State of Orissa & Another versus
Aswini Kumar Dash (1998) 3 SCC 613.
Union Of India (Uoi) vs Hindustan Development Corpn. Ltd. on 19 January, 1998
15. The Supreme Court in the case of Union of India (UOI) &
Others versus Hindustan Development Corporation & Others
Manu/SC/0219/1994 Paragraph 29 has observed that the
expectation cannot be the same as anticipation. It is different from
a wish, a desire or a hope nor does it amount to a claim or demand
on the ground of a right. However, earnest and sincere a wish, a
desire or a hope may be and however confidently one may look to
them to be fulfilled, they by themselves cannot amount to an
assert-able expectation and a mere disappointment does not attract
legal consequences. A pious hope even leading to a moral
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obligation cannot amount to a legitimate expectation. Therefore,
legitimacy of an expectation can only be inferred if it is based on
the sanction of law or custom or an established procedure followed
in regular and natural system.
Smt. Neena Pramanik vs The State Of Madhya Pradesh on 30 August, 2017
12. A Division Bench of this Court in Writ Appeal
No.354/2017 (Shishu Vidyapeeth Bengali Girls Higher
Secondary School, Gun Carriage Factory Estate, Jabalpur
versus Smt.Anusua Das Sharma & Others) vide order dated
30.8.2017 has held that the Repealed Service Rules, 1988 would
not apply for promotion to the staff of the private aided
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educational institutions, after enforcement of the Madhya Pradesh
Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya
Karmachariyon Ke Vetano Ka Sandaya) Sanshodhan Adhiniyam,
2000 and the Madhya Pradesh Ashashkiya Shikshan Sanstha
Anudan Niyam, 2008.
Govt. Of National Capital Territory Of ... vs Naresh Kumar . on 19 April, 2016
16. The Delhi High Court in the case of GNCT of Delhi
versus Naresh Kumar (2010) 175 DLT 143 (DB) in Paragraph
21 has summarized the legal position with regard to legitimate
expectation in the following term:-
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