The Supreme Court of India has recently dismissed petitions challenging the Agnipath recruitment scheme for the armed forces. The court upheld the scheme, which is an alternative process of recruitment to the armed forces for eligible candidates who may not have qualified through the regular recruitment process. The decision of the Supreme Court in this case has brought to light the principle of promissory estoppel and its applicability to public employment.
Understanding Promissory Estoppel
Promissory estoppel is a legal principle that prevents a person from going back on a promise that they made, even if the promise was not supported by a contract. The principle is used in contract law cases where one party relies on the promise of another party to their detriment. The doctrine is recognized by courts in many countries, including India, and can be used to enforce promises that would otherwise not be legally binding.
Criteria for the Applicability of Promissory Estoppel
The Supreme Court in its ruling on Chhaganlal Keshavalal Mehta v. Patel Narandas Haribhai in 1981 provided a set of criteria for determining the applicability of the doctrine. These criteria include a clear and unambiguous promise, reasonable reliance on the promise by the plaintiff, and the plaintiff suffering some form of loss by depending on the statement given by the promisor.
Application of Promissory Estoppel to the Agnipath Case
The petitioner who challenged the Delhi High Court verdict on the Agnipath Scheme argued that the government had made a promise to the candidates who were shortlisted for recruitment to the Army and Air Force. Candidates who were shortlisted for the job refused other job offers in CRPF, BSF, etc., based on the expectation that they would be selected for the Army or the Air Force. Therefore, if the government does not select these candidates, it must compensate them for their loss as the candidates acted based on the government’s promise.
However, the Supreme Court rejected the argument presented by the petitioner and highlighted that the principle of promissory estoppel is always subject to the larger public interest. The highest court noted that the principle of promissory estoppel, typically used in contractual disputes, is not applicable to this case as it concerns public employment. As a result, there is no possibility of utilizing this principle in this specific circumstance.
Why In News
The Supreme Court, India’s highest judicial body, has dismissed the petitions challenging the Agnipath recruitment scheme for the armed forces. The scheme was designed to streamline the recruitment process and make it more transparent. The Supreme Court’s decision upholds the Delhi High Court’s verdict, which upheld the Agnipath scheme while dismissing the petitions that challenged it.
MCQs about The Agnipath Recruitment Scheme
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What is Promissory Estoppel?
A. A legal principle that prevents a person from going back on a promise that they made
B. A legal principle that allows a person to go back on a promise that they made
C. A legal principle that allows a person to make a promise without consequences
D. None of the above
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In what type of cases is promissory estoppel often used?
A. Criminal law cases
B. Contract law cases
C. Taxation law cases
D. Labor law cases
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What is the criteria for determining the applicability of the doctrine of promissory estoppel according to the Supreme Court’s ruling on Chhaganlal Keshavalal Mehta v. Patel Narandas Haribhai in 1981?
A. A clear and unambiguous promise
B. Reasonable reliance on the promise
C. Loss experienced by the promise
D. All of the above
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