NDLI: Dr. Ashok Kumar Maheshwari Vs. State of U.p. and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Estoppel and Promissory Estoppel Evidence Act: Section 115
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Administrative Law : Promissory Estoppel-Rule-Invoking of-Held: It has to be shown that there was a declaration or promise made which induced the party to whom the promise was made to alter its position to its disadvantage. Promissory Estoppel-Doctrine-Bar against invoking of-The prescribed mode of recruitment to the post of Lecturer in the Pharmacy Department of Government Medical College was by direct recruitment only and not by promotion-Promise allegedly made to Demonstrators by State Government or Director, Medical Education & Training to promote them to posts of lecturers-Validity of -Held: Rule of Promissory Estoppel cannot be invoked to enforce a promise made contrary to law-Hence, the said ''promise" not enforceable against the State or the Director-In the facts and circumstances of the case, no case made out for invoking the said doctrine. Doctrines: Doctrine of Promissory Estoppel-Essence of-Stated-Case law reviewed. Evidence Act, 1973: Section 115 Estoppel and Promissory Estoppel-Rule-Invoking of-Held: Even though a case does not fall under S. 115 the rule can be invoked. Words and phrases: "Promissory Estoppel"-Meaning ofThe appellant was a Demonstrator in the Pharmacy Department of the Government Medical College. The appellant and five of his other colleagues filed a writ petition in the High Court for a direction to ,the respondent to fill up at least fifty per cent of the posts of Lecturers in Pharmacy by promotion of Demonstrators. It was claimed that the respondents, namely, the State Government and the Director, Medical Education and Training, assured the appellant and his colleagues that they would be promoted to the posts of Lecturer.The High Court dismissed the petition on the ground that neither there were any statutory rules nor were there any executive instructions issued by the Government that fifty per cent posts of Lecturers in the Pharmacy Department would be filled up by promotion of Demonstrators. The High Court further held that none of the respondents had promised that the appellant or any of his colleagues would be promoted as Lecturers. Hence this appeal. On behalf of the appellant it was contended that the Government having itself assured the appellant and his other colleagues that they would be promoted as Lecturers, the Government was bound by its promise and, therefore, ought to have issued a notification that the posts of Lecturers would be filled up by promotion; and that the Doctrine of Promissory Estoppel was applicable to this case.
Judge	Hon'ble Mr. Justice S. Saghir Ahmad
Neutral Citation	1998 INSC 21
Petitioner	Dr. Ashok Kumar Maheshwari
Respondent	State Of U.p. And Anr.
SCR	[1998] 1 S.C.R. 147
Judgement Date	1998-01-14
Case Number	25

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Dr. Ashok Kumar Maheshwari Vs. State of U.p. and Anr.

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