LEGITIMATE EXPECTATION

 

Where a person's legitimate expectation is not fulfilled by taking particular decision then decision maker should justify the denial of such expectation by showing some overriding public interest . If a denial of legitimate expectation in a given case amounts to denial of right guaranteed is arbitrary , discriminatory, unfair or biased, gross abuse of power or violation of principles of natural justice, the same can be questioned on the well known ground attracting Art.14 of the Constitution, but a claim based on more ipso fact give a right to invoke these principles. [ Mathai Syriac vs. K.S.R.T.C. 1994(1) KLJ 923. M.Jagannadha Rao (CJ) & K.G.Balakrishnan (J)]

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