PRAKASH CHAND DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) WHETHER the principle of promissory estoppel, quasi -estoppel, new estoppel and requisition estoppel were applicable to the facts of the present case is the short question for determination in this petition filed by the petitioner under Article 226 of the Constitution of India with the prayer to issue a writ of mandamus commanding the respondents to treat the candidature of the petitioner in the P.C.S. (J) 1986 Examination as valid and to treat him as an ex -serviceman and to direct the U.P. Public Service Commission to recommend the name of the petitioner for appointment, to the State Government. The petitioner joined Indian Air Force on 8 -4 -1970 as Airman, passed B.A. in 1978, L.L.B. in 1982 and L.L.M. in 1989. He completed 15 years, service in Air Force on 8 -4 -1985, which was the minimum required service for pensionary and other benefits. The petitioner was granted extension for 6 years and during this period he could apply for service in other departments, as an ex -service man.

(2.) IN pursuance of an advertisement issued by the U.P. Public Service Commission (for short the Commission), published in Northern Indian Patrika (Copy enclosed as Annexure 2 to the petition) inviting applications for U.P. Nyayik Seva (Munsif) Examination, 1986, petitioner submitted his application for the same after completing all the formalities required in the advertisement. In the advertisement it was also indicated that ex -service men may also apply provided he has 5 years, army service at his credit and his upper age limit will be greater by 5 years but his concession will not be admissible to those who are dismissed on account of misconduct or inefficiency and who have been discharged on account of any physical disability or incapability for Army Service. Such applicants were also required to submit a certificate from the competent authority of Army to the effect that their period of service has been extended for rehabilitation and no disciplinary action is pending against them and the applicants will have to submit an undertaking with their application that in case they are selected for the post applied for, they will get themselves released immediately from their respective wings. The petitioner along with his application form submitted a certificate issued by the competent authority of Air Force (Adjutant) to the effect that his services have been extended for another period of 6 years and he also gave an undertaking that in case he is selected for the post applied for, he would get himself released from the Air Force.

(3.) MR . V.C. Misra, learned counsel for the petitioner urged that as the Commission offered to recruit candidates for P.C.S. (J) 1986 and thereby made deliberate promise to that effect subject to the conditions indicated in the advertisement (Annexure 2) and the petitioner having fulfilled those conditions applied for the same and changed his legal position and the promissor having accepted his application as an ex -service man, issued admit card, declared successful in written examination and interview, made police verification and medical check up and at no stage having raised any objection, principles of promissory estoppel, equitable estoppel, quasi stoppel, requisition -estoppel and new estoppel are fully applicable in the present case and the Commission and State Government are bound by these principles. Reliance was placed on M/s. Jagannath Roller Flour Mill & others v. State of Orissa, : AIR 1986 Orissa 163 Surya Narain Yadav's case, : (1985) 3 SCC 38 Union of India v. Godfrey Philips India, : (1985) 4 SCC 369 and Express News Paper v. Union of India. : AIR 1986 SC 872.