IMPORTANT POINT
The main legal point established is that the principles of legitimate expectation and promissory estoppel dictate that individuals have a reasonable expectation that public authorities will honor their commitments and promises made through official channels.

ORDER :

1. The issue involved in this matter is “whether breach of promise by the Government to common people amounts to violation of doctrine of “legitimate expectation” and “promissory estoppel”?

2. The instant writ petition has been filed by the petitioner with the following prayer :-

“(i) issue an appropriate writ, order or direction in the nature thereof, respondents may kindly be directed to issue the Jyoti Card to the petitioner and further extend the benefit admissible under the ‘Jyoti Yojna’ to the petitioner and refund the fee and other expenses incurred by the petitioner on her academic education from secondary to senior secondary and GNM Course.

(ii) Any other order or direction, which this Hon’ble Court may deem just and proper, may also kindly be passed in the facts and circumstances of the case with costs.”

3. By way of filing this writ petition, the petitioner is seeking direction against the respondents for refund of the fees and expenses incurred by the petitioner in her education in pursuance of the Government Scheme “Jyoti Yojna”.

RIVAL SUBMISSIONS:

4. Counsel for the petitioner submits that a Circular was issued by the Department of Medical and Health, Government of Rajasthan, Jaipur on 19.08.2011 by which a beneficiary Scheme in the name of ‘Jyoti Yojna’ was introduced for granting benefits and empowering those females who gave birth to one or two girl child and voluntarily underwent the process of sterilization thereafter. Counsel submits that the petitioner, while relying upon the “Jyoti Yojna”, underwent the process of sterilization after giving birth to a girl child for seeking the benefit of the said Scheme and thus, as per the Circular dated 19.08.2011 she was entitled to get the benefit of free education upto her post graduation and further education of ANM/GNM (Auxiliary Nursing and Midwifery/General Nursing and Midwifery) and B.Sc. Course. Under the “Jyoti Yojna” free medical facilities were provided to the families of the beneficiaries in Government Hospitals and such females were given priority in getting appointment on the post of Asha Sahayogini, Anganbari Worker, ANM and GNM etc. Counsel submits that after birth of the girl child, the petitioner undertook the studies of Secondary, Senior Secondary and GMN Course in which she incurred several expenses towards her education. Counsel submits that the respondents have failed to provide the benefits of the aforesaid Circular to the petitioner for the reasons best known to them, hence, under these circumstances, the respondents be directed to provide all the admissible benefits to the petitioner under the ‘Jyoti Yojna’ Scheme and refund the fees and expenses incurred by her in her education from Secondary (Class X) to GNM Course.

5. Per contra, counsel for the respondent-State opposed the arguments raised by counsel for the petitioner and submitted that the aforesaid Scheme was closed by the respondent-State in the year 2016 and the petitioner was informed accordingly by way of issuing U.T.I. Bond in the name of daughter of the petitioner. Hence, the petitioner is not entitled to get the relief, as sought in this writ petition.

6. Heard and considered the submissions made at Bar and perused the material available on record.

BIRD’S EYE VIEW OF THE CONTROVERSY :

7. The Department of Medical, Health and Family Welfare, Government of Rajasthan issued a Circular on 19.08.2011 in the name and style “Jyoti Yojna” for providing certain benefits to those females, who have one or two daughters and who have underwent the operation of sterilization. After undergoing the process of sterilization, such females would be entitled to get the following benefits:-

I. Preference and free education upto post-graduation studies.

II. Preference in selection process of Asha Sahayogini, ANM and GNM.

III. Preference and free education in ANM, GNM and B.Sc. Nursing Courses.

IV. Free medical and health facilities in government hospitals.

8. The object of the “Jyoti Scheme” are as follows: