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2023 Supreme(SC) 1138

D. Y. CHANDRACHUD, HRISHIKESH ROY, PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL, MANOJ MISRA
Sivanandan C. T. – Appellant
Versus
High Court of Kerala – Respondent


JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, CJI.

Table of Contents

(A)

Background

(B)

Submissions

(C)

Analysis

(i)

The decision of the High Court was ultra-vires the 1961 Rules

(ii)

Legitimate Expectation

(a)

Doctrine of legitimate expectation under common law

(b)

Doctrine of legitimate expectation under Indian law

(c)

Substantive Legitimate Expectation

(d)

Consistency and predictability as aspects of non-arbitrariness

(D)

Application of the doctrine of legitimate expectation

(i)

What has the High Court committed itself to?

(ii)

Whether the High Court has acted unlawfully in relation to its commitment?

(iii)

What should this Court do?

(E)

Conclusions

(A) Background

1. On 14 November 2017, a Bench of two Judges of this Court referred a batch of four petitions, which invoked the jurisdiction of this Court under Article 32 of the Constitution, to the Constitution Bench in Sivanandan C.T. vs. High Court of Kerala, (2018) 1 SCC 239. Eleven petitioners are before this Court, all

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