Mandamus and legitimate expectation can sustain course sanction despite policy change where prior State action created clear entitlement.

A writ of mandamus may issue to enforce a clear entitlement or legitimate expectation arising from prior governmental action, and a later policy change does not defeat relief where the matter falls outside the ordinary policy regime and the applicant is otherwise constitutionally protected. The Court found that the minority educational institution's request for Higher Secondary course sanction was supported by earlier State decisions and could not be defeated by a subsequent policy revision or by the High Court's restrictive view of writ jurisdiction. Relief was therefore directed, subject to compliance with the statutory procedure for appointing teachers.

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Issues: Whether the appellant was entitled to a mandamus directing the State to sanction a Higher Secondary course in its institution despite the change in governmental policy.

Analysis: The appellant was a minority educational institution protected by Article 30 of the Constitution of India. The State had earlier taken decisions to grant Higher Secondary courses to the appellant, and the proposed sanction was blocked only because of court proceedings and later policy revision. The High Court treated the revised policy as decisive and declined interference, but the governing facts showed that the appellant's case was not one falling within the normal course of policy application. The remedy of mandamus is not confined by rigid technicalities where a clear entitlement, legitimate expectation, and a public duty are shown. The Court therefore held that the High Court had adopted an unduly restrictive approach to writ jurisdiction and failed to appreciate the impact of the admitted facts on the appellant's entitlement.

Conclusion: The appellant was entitled to relief, and the State was directed to sanction the Higher Secondary course in the appellant's institution from the next academic session, subject to compliance with the extant statutory procedure for appointment of teachers.

Ratio Decidendi: A writ of mandamus may issue to enforce a clear entitlement or legitimate expectation arising from governmental action, and a later change in policy does not defeat relief where the case is not one falling within the normal policy regime and the applicant is otherwise entitled to constitutional protection.

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