Case Note & Summary
The petitioner, Shri Ramesh Shanu Gaonkar, filed a writ petition seeking directions to the respondents, the Director of Sports and Youth Affairs and the State of Goa, to issue an appointment order as a Physical Education Teacher. The petitioner, belonging to the Scheduled Tribe category, applied for a reserved post advertised on 14.10.2011. He was called for an interview on 21.07.2011 and was placed on the waiting list. On 26.09.2012, an offer of appointment was issued to him, which he accepted. He was then sent for a medical examination at Hospicio Hospital, Margao-Goa, and was certified fit. On 03.10.2012, he submitted the medical certificate to respondent no.1. Based on the offer, he resigned from his prior post as a Coach with the Gujarathi Samaj Education Trust For The Handicapped. The respondents, however, did not issue the final appointment order. The court considered the issue of whether the petitioner was entitled to a direction for issuance of the appointment order. The court held that the offer of appointment, acceptance, and submission of the medical certificate constituted a binding contractual agreement. The petitioner had a legitimate expectation of being appointed, and the respondents were estopped from withdrawing the offer. The court directed the respondents to issue the appointment order within four weeks from the date of the order. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Appointment - Legitimate Expectation - Offer of Appointment - The petitioner, a Scheduled Tribe candidate, was issued an offer of appointment for the post of Physical Education Teacher, underwent medical examination, and submitted the medical certificate, thereby concluding a binding contractual agreement. The petitioner resigned from his prior job based on the offer. The court held that the respondents cannot resile from the offer and directed issuance of the appointment order. (Paras 3-6) B) Contract Law - Binding Contractual Agreement - Offer and Acceptance - The offer of appointment letter dated 26.09.2012, acceptance by the petitioner, and submission of medical certificate on 03.10.2012 constituted a binding contractual agreement. The court held that the respondents are estopped from withdrawing the offer. (Paras 5-6)
Issue of Consideration
Whether the petitioner, a Scheduled Tribe candidate who was issued an offer of appointment, underwent medical examination, and resigned from his prior job based on the offer, is entitled to a direction to the respondents to issue the appointment order as a Physical Education Teacher.
Final Decision
The petition is allowed. The respondents are directed to issue the appointment order to the petitioner as a Physical Education Teacher within four weeks from the date of the order. Rule is made absolute in the above terms. No order as to costs.
Law Points
- Legitimate expectation
- Binding contractual agreement
- Estoppel
- Appointment order
- Reserved category
- Scheduled Tribe
- Physical Education Teacher
