Tuesday, 31 May 2022

Doctrine of legitimate expectation

 Doctrine of Legitimate Expectation

Firstly , lets understand about fair expectation and legal expectation

Fair expectation is an expectation that is natural expectation and directly comes to an human mind with the mindset backed with past .
For example – Parents expect their child to hold the 1st rank in among different schools during his/her exam but their child has only secured 3rd rank in his/her own school.
This is not a fair expectation as 1st rank among 500 schools students can’t be achieved if expected to be achieved during ongoing examination.
Legal expectation is a valid remedy provided by the court in case of breach of law .
A thief who stole Rs.10000 cannot be expected to get death sentence.

Just like the doctrine of proportionality the doctrine of legitimate expectation is also not part of any constitution or laws. It has developed over a period of time and was first developed in English law .
Legitimate expectation aims in
when a normal public is in a situation where it has to meet the public authority for the kind pursual of its problem or request and when they meet certain authorities they have certain legal expectation and a line of hope that whatever their problem or request is would be clarified under them.
These expectation is a natural pop in mind generated by the past experience or promises made on their for behalf towards the public.
The expectations of the public is generated public authority or government or somebody on behalf of the government if they state, promise , claim, work ,set an example ,represent , frame guidelines in favour of the public. It builds a virtual relationship between public and authority.
So, the public would expect a reasonable behaviour of being treated by the public authority .
Legitimate expectation is a reasonable expectation of public towards public authority.
If the public authority fails in meeting or fulfilling  the expectations of the public , public authority can be questioned or made accountable for the same
In this case public can approach the court , court would consider 3 keys in this case
- Whether a legitimate expectations has risen
- whether it would unlawful of the authority to neglect such expectation
- if the courts finds out the expectations were not fulfilled by the public authority , it would look into the remedies that are available to the aggrieved person.
When can doctrine of Legitimate expectations can be applied
- The representation must be clear
- The expectation must be related to the  behaviour of public authority
- The representation must be made by someone with authority and power
- The matter of representation must be relevant to the aggrieved party
Case law , In State of Kerela v. K . G . Madhavan pillai , 1988
Facts of the case
- Sanction was issued for the respondent to open a new aided school and to upgrade the existing schools
- However an order was issued after 15 days to keep the previous sanction in abeyance
- Order challenged considering violation of principle of natural justice

It was held by the SC that sanction has entitle the respondent with legitimate expectation 

the order however was violated the principle of national justice.

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