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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