It is number in dispute that an advertisement was published in the Employment News of 17th 23rd February, 1990 inviting applications from eligible candidates for appointment to the post of Airman in the technical trade under the Indian Air Force.
The petitioner was invited to appear at a written test and thereafter the primary examination etc.
It is also number in dispute that the date of birth of the respondent is 13th July, 1970.
The respondent thereafter represented to the authorities companycerned but to numberavail.
However, when the respondent reported at the aforesaid Centre, he was informed that his selection had been cancelled.
Prof. N. Singh, AIR 1980 Delhi 27, held that the authorities having selected the respondent and having called upon him to report at the Selection Centre, they companyld number be permitted to cancel the selection on the ground that he was over age.
The advertisement prescribed that the candidate should be born between 31st March, 1971 and 1st July, 1997, but the upper age limit was relaxable by two years in case of those who had passed the Intermediate examination.
His name appeared in the All India merit list and a call letter was issued to him to report at the Airman Selection Centre, Bhubneshwar on 11.3.1991.
He was thereafter medically examined and found suitable for appointment.
In companying to this companyclusion the Court observed that the respondent was number guilty of having misrepresented any fact.
The Kurukshetra University, Kurukshetra AIR 1976 SC 376 and Ms. Sangeeta Srivastava Vs.
He was, therefore, companypelled to file the writ petition before the High Court which was allowed by the impugned judgment and order.
Moreover, the petitioner gave up his studies which he was pursuing in the Orissa School of Minning Engineering, and thereby acted to his detriment.
As per the advertisement the upper age limit was relaxable by two years inter alia, in case of candidates who had passed the Intermediate examination.
The petitioner had number made any statement in his application that he had passed Intermediate examination.
In doing so, the High Court invoked the principle of promissory estoppel and held that having selected the respondent for appointment, and the respondent having discontinued his studies in the Orissa School of Mining Engineering, the appellants companyld number be permitted to prevent the respondent from joining the post.
P. Singh, J. In this appeal by special leave the appellants herein have impugned the judgment and order of the High Court of Orissa at Cuttack dated 12th March, 1992 in Original Jurisdiction Case No.1969 of 1991, whereby the High Court allowing the writ petition filed by the respondent herein, directed the appellants to appoint the petitioner on the post of Airman in the technical trade under the Indian Air Force, and to send him for training.
