Lawstreet Journal

Doctrine of promissory estopel: Madhya Pradesh High Court Directs State to Refund College Fees Under Reimbursement Scheme

Lawstreet Journal 19 Aug 2021 10:46pm

Image courtesy: Lawstreet Journal Judiciary Doctrine of promissory estopel: Madhya Pradesh High Court Directs State to Refund College Fees Under Reimbursement Scheme

The Madhya Pradesh High Court directed the State government to reimburse the admissible  fees to a Law student who belonged to the reservation category OBC while relying on the principle of promissory estoppel.

The Court held that, "The principle of estoppel and acquiescence will apply and the State Government cannot stop payment of scholarship/fees to the disadvantage of the petitioner particularly in the light of Clause 5.3 and 6.2 of the Policy .

A Division Bench of Justices SA Dharmadhikari and Vishal Mishra upheld the claim of full reimbursement.

Principle of promissory estoppel

Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment. Promissory estoppel is intended to stop the promisor from arguing that an underlying promise should not be legally upheld or enforced.

The fact of the case

The case arises out of a claim of a student in Madhya Pradesh, who pursued a BA.LLB (Hons.) from National University of Study and Research in Law, Ranchi (Jharkhand) in 2014-19. The petitioner(Student) comes from a financially weak background belonging to the Other Backward Class category. The advocate who appearing for the petitioner side Prashant Singh kourav stated that,

"Petitioner paid a total non-refundable fee of Rs. 9,83,832/- in his five-year course, including tuition fees, hostel fee, registration fee, enrollment fee, etc. However, against the said fee payment, the petitioner received… Continue Reading...

Tagged: Madhya Pradesh High Court  
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