B. P. Singh, J. -
(1.)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. The High Court set aside the decision of the appellants not permitting the respondent to join the aforesaid post after selection, on the ground that he was not eligible for the said post in terms of the advertisement. 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 could not be permitted to prevent the respondent from joining the post.
(2.)It is not 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 advertisement prescribed that the candidate should be born between 31st March, 1971 and 1st July, 1997, but the upper age limit was relaxable. In two years in case of those who had passed the intermediate examination. It is also not in dispute that the date of birth of the respondent is 13th July, 1970. Therefore, he was not eligible for the post as he was over age, but however age relaxation was permissible in the case of the respondent if he had passed the Intermediate examination.
(3.)The petitioner was invited to appear at a written test and thereafter the primary examination etc. He was thereafter medically examined and found suitable for appointment. 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. However, when the respondent reported at the aforesaid Centre, he was informed that his selection had been cancelled. The respondent thereafter represented to the authorities concerned but to no avail. He was, therefore, compelled to file the writ petition before the High Court which was allowed by the impugned judgment and order.