TMI Blog2008 (4) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... it had refused to place any order. The prayer in the writ petition was for a direction to the present appellant and its functionaries to maintain and keep the promise made by them to the respondent in respect of printing and supply of 500 sets as noted above. It was stated that the then Law Minister had assured the respondent through its proprietor to purchase the books and had given green signal for publishing and printing of the compilation of local laws at the relevant period and had promised that if they publish those the government of Arunachal Pradesh will purchase at least 500 sets of local Acts and Rules. It was submitted that in view of the direction given by this Court in All India Judges Association and Ors. v. Union of India Ors. [AIR 1992 SC 165] and in All India Judges Association and Ors. v. Union of India Ors. [AIR 1993 SC 2493] such promise was made. It according to the writ petitioner is a clear case where principles of promissory estoppel and legitimate expectation applied. The stand was resisted by the present appellant contending that there has been manipulation of the notes. The alleged note does not indicate that there was any promise or order for pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was taken up. 5. As noted above the factual scenario is interesting. The document relied upon by the respondent and the High Court refer to some oral expression of desire by the then Law Minister. When the view of several departments were involved the question of any oral view being expressed by a Minister is really not relevant. Further the document relied upon was nothing but a departmental note which itself clearly indicated that the view of various departments/Ministries were to be taken and their concurrence was to be obtained. Apart from that, undisputedly there was some factual dispute as to whether the intended purchase was of volumes or sets. There is conceptual different between the two. The books were not even printed at the relevant point of time. The High Court has noticed only one volume had been printed. Further the need for the purchase of the books for the judicial officers was to be assessed in consultation with the High Court. The Law Minister could not have, without taking the view of the High Court, placed orders. In any event the dispute as to the volumes or the sets and the interpolation in the documents were of considerable relevance. Unfortunately the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the part of promisee, and which does induce such action or forbearance, and such promise is binding if injustice can be avoided only by enforcement of promise . So far as this Court is concerned, it invoked the doctrine in Indo Afghan Agencies s case (supra) in which it was, inter alia, laid down that even though the case would not fall within the terms of Section 115 of the Indian Evidence Act, 1872 (in short the Evidence Act ) which enacts the rule of estoppel, it would still be open to a party who had acted on a representation made by the Government to claim that the Government should be bound to carry out the promise made by it even though the promise was not recorded in the form of a formal contract as required by Article 299 of the Constitution. (See Century Spinning Co. v. Ulhasnagar Municipal Council (AIR 1971 SC 1021), Radhakrishna v. State of Bihar (AIR 1977 SC 1496), Motilal Padampat Sugar Mills Co. Ltd v. State of U.P. (1979 (2) SCC 409), Union of India v. Godfrey Philips India Ltd. (1985 (4) SCC 369), Dr. Ashok Kumar Maheshwari v. State of U.P. Another (1998 (2) Supreme 100). 8. In the backdrop, let us travel a little distance into the past to understand the evol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ened on policy grounds the Court s view of the range of policies open under the statute or of what is unreasonable policy has not got public acceptance. On the contrary, curial views of policy have been subjected to stringent criticism. 11. As Professor Wade points out (in Administrative Law by H.W.R. Wade, 6th Edition) there is ample room within the legal boundaries for radical differences of opinion in which neither side is unreasonable. The reasonableness in administrative law must, therefore, distinguish between proper course and improper abuse of power. Nor is the test Court s own standard of reasonableness as it might conceive it in a given situation. The point to note is that the thing is not unreasonable in the legal sense merely because the Court thinks it to be unwise. 12. In Union of India and Ors. v. Hindustan Development Corporation and Ors. (AIR 1994 SC 998), it was observed that decision taken by the authority must be found to be arbitrary, unreasonable and not taken in public interest where the doctrine of legitimate expectation can be applied. If it is a question of policy, even by ways of change of old policy, the Courts cannot intervene with the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nciples warranting interference. It depends very much on the facts and the recognised general principles of administrative law applicable to such facts and the concept of legitimate expectation which is the latest recruit to a long list of concepts fashioned by the Courts for the review of administrative action must be restricted to the general legal limitations applicable and binding the manner of the future exercise of administrative power in a particular case. It follows that the concept of legitimate expectation is not the key which unlocks the treasure of natural justice and it ought not to unlock the gates which shuts the Court out of review on the merits, particularly, when the elements of speculation and uncertainty are inherent in that very concept. As cautioned in Attorney General for New Southwale s case the Courts should restrain themselves and respect such claims duly to the legal limitations. It is a well meant caution. Otherwise, a resourceful litigant having vested interest in contract, licences, etc. can successfully indulge in getting welfare activities mandated by directing principles thwarted to further his own interest. The caution, particularly in the changi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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