REETA Vs. BERHAMPUR UNIVERSITY FB

JUDGEMENT

(1.) The point for decision in these references is about the applicability of the principle of promissory estoppel debarring the Universities to declare that the petitioners had failed in the examinations in question, after having declared them to have passed.

(2.) To understand the scope of reference, we have to find out why the references were made and what was the point of reference. The first referring order is dated 27-11-1990 and was passed in O. J. C. No. 3345 of 1988. We shall presently note the facts of that case, but the reference was made because the Bench hearing that case felt the necessity of having a

(3.) O. J. C. No. 2440 of 1985 came up for hearing on 15-3-1991 and as the learned counsel for the petitioner in support of his case of promissory estoppel placed reliance on Pratima Das v. State of Orissa, AIR 1975 Ori 155, as against which the learned counsel appearing for the University referred to large number of decisions rendered by this Court as well as other High Courts of the country, the Bench felt that as reference had been made to larger Bench to examine this question in O. J. C. No. 3345 of 1989, this case would also be placed before a larger Bench for hearing on the question relating to estoppel.