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Supreme Court of India 2022-04-20 allowed

State of West Bengal & Ors vs Gitashree Dutta (Dey)

Bench: 2 — S. Abdul Nazeer

In Brief

The State of West Bengal cancelled FPS dealership vacancies declared in 2014 while the respondent's application was pending, citing implementation of the National Food Security Act, 2013. The respondent claimed legitimate expectation of appointment as a selected candidate. The High Court's Division Bench quashed the cancellation as arbitrary. The Supreme Court allowed the State's appeal, holding that cancellation was justified as it aligned with the Act's mandate to reform the public distribution system. Legitimate expectation cannot override a statutory policy that does not suffer from perversity or unfairness. Being selected does not create a vested right to appointment, and there is no estoppel against a statute.

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Public Law Administrative Law Doctrine of Legitimate Expectation Food Security Judicial Review Estoppel Against Statute Public Distribution System Constitutional Law

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