Promissory Estoppel Not To Apply In Favour Of Student Who Despite Knowledge Of Failure In Intermediate Exam Acquired Higher Qualification: Orissa HC
Case: Litumanjari Pradhan v. Chairman, Council of Higher Secondary Education, Bhubaneswar & Ors.
Coram: Chief Justice Dr. S. Muralidhar, Dr. Justice Sanjeeb Kumar Panigrahi and Justice Murahari Sri Raman
Case No.: W.A. No. 317 of 2019
Court Observation: “It is no doubt true that the Courts have, more often than not, leaned in favour of the students, but as the things stand, a line must be drawn between cases where there have been a bona fide error and cases where the circumstances are dubious”
“…the Petitioner has failed in one of the subjects i.e. ‘Education’ in the Annual CHSC Examination 1996, the fact of which he may not have been aware the result failed would not change the fact that she has in fact failed in one subject. The candidate having failed in one of the papers, it is not possible to issue a mandamus that the authority should issue her an Annual CHSE Examination, 1996 passing certificate.”
“The reference is answered by observing that the decision of this Court in Nrusingha Charan Panda (supra) is no longer good law in light of the later Full Bench decision of this Court in Miss Reeta Lenka (supra) which continues to hold the field.”
“It is inconceivable that the Appellant, when looking at her Mark Sheet, was not aware that she had failed in both English and Education subjects. She chose not to. The marks secured by the Appellant in the Education subject should have propelled her to attempt the compartment examination in that subject, as she did for English subject”
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Keywords
Promissory Estoppel, Despite Knowledge, Acquired Higher Qualification
