Comprehension
"The main argument on behalf of the Respondents was that the Government was bound by its promise and could not have resiled from it. They had an indefeasible legitimate expectation of continued employment, stemming from the Government Order dated 20.02.2002 which could not have been withdrawn. It was further submitted on behalf of the Respondents that they were not given an opportunity before the benefit that was promised, was taken away. To appreciate this contention of the Respondents, it is necessary to understand the concept of legitimate expectation. 14. The principle of legitimate expectation has been recognized by this Court in ―Union of India v. Hindustan Development Corporation & Ors.‖ If the promise made by an authority is clear, unequivocal and unambiguous, a person can claim that the authority in all fairness should not act contrary to the promise.
15. M. Jagannadha Rao, J. elaborately elucidated on legitimate expectation in ―Punjab Communications Ltd. v. Union of India & Ors.‖ He referred to the judgment in 2 (1993) 3 SCC 499 ―Council of Civil Service Unions and Ors. v. Minister for the Civil Service‖ in which Lord Diplock had observed that for a legitimate expectation to arise, the decisions of the administrative authority must affect the person by depriving him of some benefit or advantage which, (i) he had in the past been permitted by the decision- maker to enjoy and which he can legitimately expect to be permitted to continue to do until there has been communicated to him some rational grounds for withdrawing it on which he has been given an opportunity to comment; or (ii) he has received assurance from the decision-maker that they will not be withdrawn without giving him first an opportunity of advancing reasons for contending that they should not be withdrawn. 
Rao, J. observed in this case, that the procedural part of legitimate expectation relates to a representation that a hearing or other appropriate procedure will be afforded before the decision is made. The substantive part of the principle is that if a representation is made that a benefit of a substantive nature will be granted or if the person is already in receipt of the benefit, that it will be continued and not be substantially varied, then the same could be enforced. 
16. It has been held by R. V. Raveendran, J. in ―Ram Pravesh Singh v. State of Bihar‖ that legitimate expectation is not a legal right. Not being a right, it is not enforceable as such. It may entitle an expectant: (a) to an opportunity to show cause before the expectation is dashed; or (b) to an explanation as to the cause of denial. In appropriate cases, the Courts may grant a direction requiring the authority to follow the promised procedure or established practice."
Source: Excerpt taken from the judgment delivered by the bench of L. Nageshwar Rao & Hemant Gupta, J.J. in Kerala State Beverages (M and M) v. P P Suresh & Ors.,(2019) 9 SCC 710.
Question: 1

Which of the following statements cannot be identified as a limitation upon the Doctrineof Legitimate Expectation?

Updated On: Jul 10, 2026
  • The concept of Legitimate Expectation is only procedural and has no substantive impa
  • The doctrine does not apply to legislative activities.
  • The doctrine does not apply if it is contrary to Public Policy or against the Security of State
  • There are parallels between the Doctrine of Legitimate Expectation and Promissory Estoppel
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The Correct Option is A

Approach Solution - 1

The correct Option is (A):The concept of Legitimate Expectation is only procedural and has no substantive impact
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Approach Solution -2

This question asks which statement is not a genuine recognised limitation on the Doctrine of Legitimate Expectation. The way to answer is to test each statement against how courts have actually applied the doctrine, since three of the four options describe real, settled restrictions while one misstates the doctrine altogether.

  1. Option A (the doctrine is only procedural, with no substantive impact): this was an early, narrower understanding of the doctrine, but Indian and English courts have since moved beyond it and recognised substantive legitimate expectation as well, meaning a person can, in appropriate cases, get the substantive benefit they were led to expect and not merely a hearing. Because this statement no longer accurately reflects the doctrine's current scope, it does not describe a genuine limitation, it simply misstates what the doctrine covers.
  2. Option B (does not apply to legislative activities): courts have consistently held that legitimate expectation, being rooted in an administrative promise or established practice, cannot be invoked to restrain the legislature from changing the law, since legislative policy is not bound by administrative assurances. This is a real, recognised limitation.
  3. Option C (does not apply if contrary to public policy or security of the State): even a valid expectation can be overridden where larger public interest, policy, or national security requires it, and courts routinely balance the individual's expectation against these overriding considerations. This too is an accepted limitation.
  4. Option D (parallels with Promissory Estoppel): the two doctrines do share common ground, in that both restrain public authorities from going back on a representation, and this relationship is a recognised feature courts have discussed when applying legitimate expectation, so it correctly describes an accepted contour of the doctrine's operation rather than a wrong statement.

Since B, C, and D correctly capture recognised boundaries on the doctrine while A overstates an outdated, narrower view that current law has already expanded beyond, A is the one statement that fails to qualify as a genuine limitation.

Hence, the correct answer is Option A: The concept of Legitimate Expectation is only procedural and has no substantive impact.

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Question: 2

Which of the following is not true in relation to the Doctrine of Legitimate Expectation as observed by the Supreme Court in "Monnet Ispat & Energy Ltd. v. Union of India‟?

Updated On: Jul 10, 2026
  • The Doctrine of Legitimate Expectation cannot be invoked as a substantive and enforceable right
  • The Legitimate Expectation is different from anticipation and an anticipation cannot amount to an assertable expectation
  • The Doctrine of Legitimate Expectation is founded on the principles of reasonableness and fairness.
  • The Doctrine of Legitimate Expectation is founded on the principles of reasonableness and fairness.
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The Correct Option is A

Approach Solution - 1

The correct Option is (A):The Doctrine of Legitimate Expectation cannot be invoked as a substantive and enforceable right
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Approach Solution -2

This question tests the specific position taken in Monnet Ispat & Energy Ltd. v. Union of India on the Doctrine of Legitimate Expectation, and asks which listed statement does not correctly reflect the law. Testing each option against the doctrine as it stands narrows down the false one.

  1. Option A (the doctrine cannot be invoked as a substantive and enforceable right): stated as an absolute proposition, this overstates the position. While legitimate expectation is not, by itself, an independent cause of action in every case, courts have recognised that in appropriate circumstances the expectation can translate into an enforceable claim, particularly where a clear, unambiguous promise has induced reliance. Framing it as something that can never be enforced is inaccurate.
  2. Option B (legitimate expectation differs from mere anticipation, and anticipation is not an assertable expectation): this distinction is a settled part of the doctrine, an expectation must arise from a clear promise or consistent past practice, not from a party's own hope or anticipation, so this statement correctly reflects the law.
  3. Option C and Option D (the doctrine is founded on reasonableness and fairness): both options repeat the same accurate proposition, that legitimate expectation is rooted in ensuring fair and reasonable treatment by public authorities, which is consistently how courts describe the doctrine's foundation.

Since B, C, and D each correctly state settled aspects of the doctrine, the one statement that overreaches, by treating legitimate expectation as something that can never be substantively enforced, is the false one.

Therefore, the correct answer is Option A: The Doctrine of Legitimate Expectation cannot be invoked as a substantive and enforceable right.

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Question: 3

Which of the following cases can be traced as the origin of the Doctrine of Legitimate Expectation?

Updated On: Jul 10, 2026
  • Attorney General of Hong Kong v. Ng Yeun Shiu, (1983) 2 AC 629.
  • Schmidt v. Secy. Of State for Home Affairs, (1969) 2 Ch 149 (CA).
  • Food Corporation of India v. Kamdhenu Cattle Feed Industries, AIR 1993 SC 1601
  • Breen v. Amalgamated Engg. Union, (1971) 2 WLR 742.
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The Correct Option is B

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The correct Option is (B): Schmidt v. Secy. Of State for Home Affairs, (1969) 2 Ch 149 (CA)
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The question asks which case marks the origin of the Doctrine of Legitimate Expectation, so the right approach is to place each case in its historical and doctrinal context rather than just recalling a name.

  1. Option A (Attorney General of Hong Kong v. Ng Yeun Shiu, 1983): this Privy Council decision is an important later case that extended and consolidated the doctrine, applying it to hold that a government undertaking on deportation procedure created a legitimate expectation, but it built upon a doctrine that already existed by the time it was decided, so it is a development, not the origin.
  2. Option B (Schmidt v. Secretary of State for Home Affairs, 1969): this is the case in which Lord Denning first used the phrase legitimate expectation in English law, in the context of an alien's expectation of being allowed to remain until his permit expired. Because the term and the underlying concept were coined here, this case is treated as the doctrine's starting point.
  3. Option C (Food Corporation of India v. Kamdhenu Cattle Feed Industries, 1993): this is a significant Indian Supreme Court case applying and developing the doctrine domestically, particularly in the context of tender processes, but it postdates the doctrine's English origin by over two decades.
  4. Option D (Breen v. Amalgamated Engineering Union, 1971): this case, decided a couple of years after Schmidt, applied and discussed legitimate expectation in the context of trade union rule-making, again building on rather than originating the concept.

Chronology and the fact that the phrase itself was first coined in Schmidt both point to the same case as the doctrine's origin.

Hence, the correct answer is Option B: Schmidt v. Secretary of State for Home Affairs, (1969) 2 Ch 149 (CA).

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Question: 4

Which of the following is not a ground for judicial review of a discretionary action of anAdministrative Authority in India?

Updated On: Jul 10, 2026
  • Failure to exercise discretion
  • Excess or abuse of discretion
  • A breach of rules of Natural Justice
  • None of the above
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The Correct Option is A

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The correct Option is (A):Failure to exercise discretion
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This question asks which of the listed items is not treated as an independent ground for judicially reviewing how an administrative authority has exercised its discretion. The safest way to answer is to see how each option fits, or does not fit, into the settled categories courts use.

  1. Option A (Failure to exercise discretion): where an authority declines to exercise its own discretion, for example by acting under someone else's dictation, applying a rigid rule without considering the case on its facts, or improperly sub-delegating the decision, courts have generally treated this as a form of the authority misusing or abusing the power vested in it, rather than as a wholly separate, free-standing category distinct from excess or abuse of discretion. Because it is absorbed within that broader category rather than standing on its own, listing it as a distinct, independent ground is not accurate.
  2. Option B (Excess or abuse of discretion): this is the well-recognised umbrella ground covering situations such as acting on irrelevant considerations, mala fide exercise of power, unreasonableness, and non-application of mind, including the situations described in Option A, and courts routinely intervene on this basis.
  3. Option C (Breach of the rules of Natural Justice): procedural fairness, the right to be heard and the rule against bias, is an independently recognised ground on which discretionary administrative action is struck down, separate from how the discretion itself was exercised.
  4. Option D (None of the above): this can only be correct if none of A, B, or C fails to qualify as a distinct ground, but since Option A does not stand as its own separate category, this option cannot be the answer either.

Because failure to exercise discretion is properly understood as one manifestation of abuse of discretion rather than a standalone category alongside it, it is the option that does not hold up as an independent ground for review.

Therefore, the correct answer is Option A: Failure to exercise discretion.

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Question: 5

Which of the following statement is true in relation to "Empty formality" theory of thePrinciple of Natural Justice?

Updated On: Jul 10, 2026
  • The plea for not following the Principle of Natural Justice is not sustainable on the grounds of Empty Formality.
  • The plea for not following the Principle of Natural Justice is sustainable on the grounds of Empty Formality.
  • The Empty Formality affords a legitimate ground for the avoidance of Principle of Natural Justice.
  • Both options (b) & (c) are correct.
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The Correct Option is B

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The correct Option is (B):The plea for not following the Principle of Natural Justice is sustainable on the grounds of Empty Formality.
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This question involves the useless or empty formality theory as applied to the Principle of Natural Justice, an area where Indian courts have taken a deliberately narrow and cautious position. The four options look similar at first glance, so distinguishing the precise wording of each is what actually separates the right answer from the wrong ones.

  1. Option A (the plea is not sustainable on the ground of empty formality): this states the position as an absolute rule with no exceptions, but Indian courts, notably in the line of cases following S.L. Kapoor v. Jagmohan, have accepted the empty formality plea in exceptional situations where following natural justice would indisputably have made no difference to the outcome. An absolute never-sustainable rule is therefore too rigid to be correct.
  2. Option B (the plea is sustainable on the ground of empty formality): this reflects the qualified, exception-based reality, courts do allow this plea, but only where the result was a foregone conclusion regardless of any hearing, treating it as a narrow escape valve rather than a routine defence. This calibrated framing matches how the theory is actually applied.
  3. Option C (empty formality affords a legitimate ground for avoidance of natural justice): phrased this broadly, as though empty formality were a general, freely available justification for skipping natural justice altogether, this overstates the theory. Courts have repeatedly cautioned against letting authorities invoke this plea routinely, precisely because it can be used to excuse genuine procedural lapses, so treating it as a general licence for avoidance goes further than the doctrine allows.
  4. Option D (both B and C are correct): since C overstates the theory into a general licence while B captures its narrow, exception-only application, they are not equivalent statements, so this option cannot be correct.

The theory survives only as a narrow, fact-specific exception, which is exactly what Option B communicates without overreaching.

Hence, the correct answer is Option B: The plea for not following the Principle of Natural Justice is sustainable on the grounds of Empty Formality.

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Question: 6

What is the meaning of a writ of "Certiorarified mandamus"?

Updated On: Jul 10, 2026
  • A writ of Mandamus, issued against an adjudicating body to quash a decision.
  • A writ of Certiorari issued to an administrative body to quash its decision.
  • A simultaneous writ to quash a decision and also to give a direction.
  • A simultaneous writ to quash a direction and give a decision.
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The Correct Option is C

Approach Solution - 1

The correct Option is (C):A simultaneous writ to quash a decision and also to give a direction.
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Approach Solution -2

Certiorarified mandamus is a compound writ, so the clearest way to answer is to break down what each of the two writs does on its own before checking which option matches their combined effect.

  1. Option A (a writ of Mandamus issued to quash a decision): Mandamus is a command to perform a public duty or act; it does not quash decisions, quashing is the function of Certiorari, so this option wrongly assigns Certiorari's job to Mandamus.
  2. Option B (a writ of Certiorari issued to quash a decision): this correctly describes Certiorari alone, but Certiorari by itself does not direct the authority to then act in a particular way, and the compound term certiorarified mandamus signals that a second writ is layered on top of Certiorari, so this option only captures half of what the term means.
  3. Option C (a simultaneous writ to quash a decision and also give a direction): this matches the compound nature of the term precisely, Certiorari first quashes the flawed decision of the lower authority or tribunal, and Mandamus is then issued in the same breath to direct that authority to decide the matter afresh or to act in a particular manner. This two-in-one effect is exactly what certiorarified mandamus is designed to capture.
  4. Option D (a simultaneous writ to quash a direction and give a decision): this reverses the actual mechanics, describing a direction as the thing quashed and a decision as the thing given, which is the opposite of how the two writs actually operate together.

Certiorari's quashing function and Mandamus's directing function operating together, in that specific order, is the accurate description of the composite writ.

Therefore, the correct answer is Option C: A simultaneous writ to quash a decision and also to give a direction.

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Question: 7

Which of the following is not a ground for holding a Delegated Legislation as invalid?

Updated On: Jul 10, 2026
  • Parent Act delegates non-essential legislative function
  • Delegated legislation is inconsistent with the general law
  • Parent Act itself is unconstitutional.
  • Delegated legislation is inconsistent with the Parent Act
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The Correct Option is A

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The correct Option is (A):Parent Act delegates non-essential legislative function
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Delegated legislation is struck down only on specific, recognised grounds, so the way to answer this question is to check whether each listed statement actually describes one of those grounds or instead describes something Parliament is permitted to do.

  1. Option A (Parent Act delegates non-essential legislative function): the settled constitutional position is that the legislature may delegate ancillary or non-essential functions, such as filling in details, prescribing procedure, or fixing dates, while retaining the essential legislative policy for itself. Because delegating non-essential functions is permissible delegation rather than excessive delegation, it does not make the delegated legislation invalid, so this is not a ground for invalidity.
  2. Option B (delegated legislation inconsistent with general law): subordinate legislation must conform to the general body of law and cannot override or conflict with another statute of equal or higher standing; inconsistency with general law is a recognised ground for striking it down.
  3. Option C (the Parent Act itself is unconstitutional): if the enabling Act itself is void, anything made under its authority necessarily falls with it, so this is a valid, indeed foundational, ground of invalidity.
  4. Option D (delegated legislation inconsistent with the Parent Act): subordinate legislation that goes beyond or conflicts with the scope of the power granted by its Parent Act is ultra vires and invalid, this is one of the most common grounds actually invoked in practice.

Only Option A describes something the legislature is constitutionally entitled to do, delegating non-essential detail, which is why it stands apart as the one statement that is not a ground for invalidity.

Hence, the correct answer is Option A: Parent Act delegates non-essential legislative function.

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Question: 8

In which of the following cases, Hegde J observed that, "Whenever a complaint is made before a court that some Principle of Natural Justice had been contravened, the court had to decide whether the observance of that rule was necessary for a just decision on the facts of that case."?

Updated On: Jul 10, 2026
  • A.K. Kraipak v. Union of India
  • Maneka Gandhi v. Union of India
  • Union of India v. P.K. Roy
  • Dharampal Satyapal Ltd. v. CCE
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The Correct Option is A

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The correct Option is (A):A.K. Kraipak v. Union of India
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This question asks for the source of a specific observation by Hegde J. on when a breach of natural justice actually matters, so identifying the case turns on matching the quoted reasoning to its judicial author and context.

  1. Option A (A.K. Kraipak v. Union of India): in this case, the Supreme Court, in a judgment authored by Justice Hegde, moved away from the rigid administrative versus quasi-judicial classification and held that natural justice principles should be examined in light of the facts of each case to see whether their observance was necessary for a just decision. This is precisely the reasoning quoted in the question, and the case is widely cited as the origin of that approach.
  2. Option B (Maneka Gandhi v. Union of India): this later case expanded the scope of Article 21 and linked it to natural justice and the requirement of a fair procedure established by law, but the specific fact-sensitive test about whether observance of a natural justice rule was necessary is not the reasoning associated with this judgment.
  3. Option C (Union of India v. P.K. Roy): this case dealt with the applicability of natural justice principles in a service law context but is not the source of the specific formulation quoted here.
  4. Option D (Dharampal Satyapal Ltd. v. CCE): this is a later case that discusses and applies principles of natural justice in a taxation context, drawing on earlier precedent rather than originating this particular test.

The specific case-by-case approach to deciding whether a natural justice rule needed to be observed is squarely the contribution of the Kraipak bench.

Therefore, the correct answer is Option A: A.K. Kraipak v. Union of India.

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Question: 9

Which of the following is not an essential condition before pressing the Doctrine of Estoppel into service or benefit contract?

Updated On: Jul 10, 2026
  • A representation or conduct amounting to representation have been made.
  • He must have acted to his detriment or suffered as a result of such representation
  • The other party to whom representation was made must have acted upon such representation
  • The representation must have been made with the intention of not fulfilling it.
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The Correct Option is D

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The correct Option is (D):The representation must have been made with the intention of not fulfilling it.
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Approach Solution -2

Estoppel requires certain elements to be present before it can be invoked, so this question is answered by checking which listed statement is not actually one of those required elements.

  1. Option A (a representation or conduct amounting to representation has been made): this is the starting point of any estoppel claim, without a representation, clear or implied, there is nothing for the other party to have relied upon, so this is a genuine essential condition.
  2. Option B (the party must have acted to his detriment or suffered as a result): detriment flowing from reliance is a core requirement, estoppel exists precisely to prevent the unfairness of that detriment, so this is essential.
  3. Option C (the other party must have acted upon the representation): reliance is the link between the representation and the resulting detriment, without proof that the representation was actually acted upon, the doctrine has nothing to bite on, making this essential as well.
  4. Option D (the representation must have been made with the intention of not fulfilling it): estoppel is concerned with the effect of a representation on the person who relied on it, not with the maker's private intention at the time it was made. A representation made in complete good faith, later not honoured for other reasons, can still ground an estoppel; there is no requirement to prove the representor secretly intended all along not to keep the promise. This condition is not part of the doctrine.

Since A, B, and C together form the recognised backbone of an estoppel claim, while the intention described in D is never something a claimant needs to prove, D is the one that does not belong on the list of essential conditions.

Hence, the correct answer is Option D: The representation must have been made with the intention of not fulfilling it.

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Question: 10

Suppose, students filled up JEE Mains form for 2020. Due to repeated postponements of JEE, IIT Kharagpur decided to opt out of JEE mains and conducted its own separate Test. On which of the following grounds the decision of IIT Kharagpur can be challenged?

Updated On: Jul 10, 2026
  • Procedural fairness
  • Legitimate expectation
  • Manifest arbitrariness
  • IIT Kharagpur‘s decision cannot be challenged as it was taken in the interest of the students.
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The Correct Option is B

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The correct Option is (B):Legitimate expectation
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This is an applied fact-pattern question, so the right approach is to test which administrative law ground actually fits the specific facts, students filling up a common JEE Mains form who then find one institute unilaterally opting out and conducting its own test.

  1. Option A (Procedural fairness): procedural fairness challenges typically arise where a decision is taken without giving an affected party a hearing or notice before an individualised action is taken against them; here the grievance is not about being denied a hearing on an individual decision but about departing from an established, relied-upon common process, which points elsewhere.
  2. Option B (Legitimate expectation): once students filled up the common JEE Mains form, they had a reasonable, induced expectation that admission or testing would proceed through that established, publicised process. IIT Kharagpur's unilateral exit disappoints exactly that kind of induced expectation arising from a settled practice, which is the classic fact pattern for invoking legitimate expectation.
  3. Option C (Manifest arbitrariness): this ground targets decisions that are irrational, capricious or without any determining principle; while a switch of this kind could theoretically be scrutinised for arbitrariness too, the facts here centre specifically on students' reliance on the established common process, which is a legitimate expectation problem before it becomes a broader arbitrariness one.
  4. Option D (the decision cannot be challenged since it favours students): a claimed good intention does not immunise an administrative decision from judicial review, especially where it departs from a process students had already relied upon, so this option incorrectly forecloses any challenge.

The facts squarely describe students who relied on an existing, announced process being let down by a unilateral departure from it, which is the paradigm situation legitimate expectation is designed to address.

Therefore, the correct answer is Option B: Legitimate expectation.

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