MANMOHAN,J - (1.) THE present Letters Patent Appeal has been filed challenging the judgment and order dated 08th July, 2013 whereby the appellant's writ petition being WP(C) No. 1626/2012 seeking inter-discipline transfer from Accessory Designing Department to Textile Designing Department, has been dismissed. The relevant portion of the impugned order passed by learned Single Judge is reproduced hereinbelow:- "23............It is the petitioner who made an application seeking inter-discipline transfer. Petitioner was made aware that inter-discipline transfer is not permitted. Petitioner was also informed the consequences in case her request is declined which is evident from the undertaking. The undertaking would show that petitioner was fully aware of the consequences. Petitioner having taken the calculated risk cannot seek refuge under the principles of promissory estoppel as the same are not applicable to the facts of the present case. The submission that the respondents were in unequal bargaining power can also not be appreciated as it is the petitioner who wanted inter- discipline transfer and was willing to take a chance and not that the respondent forced the petitioner to attend classes in the third semester and the fourth semester. For the reasons stated above the present petition is without any merit and the same is dismissed. However, it is made clear that the petitioner would be permitted to complete her course irrespective of the fact whether the span period has come to end or not. Needless to state, the said relief is granted to the petitioner in the peculiar facts and circumstances of the present case."
(2.) DR . Sukhdev Sharma, learned counsel for the appellant submits that principle of promissory estoppel is attracted to the facts of the present case and the respondent-Institute cannot after a passage of one year relegate the appellant to textile designing course. He further submits that the learned Single Judge failed to appreciate that as the respondents did not decide the appellant's application for inter-discipline transfer within a reasonable time, the appellant had lost more than an academic year due to no fault of hers.
(3.) HE contends that learned Single Judge failed to appreciate that it is very difficult for the appellant to continue with Accessory Designing Department as she is suffering from Asthma and skin allergy.;