Where an administrative tribunal gives a solemn undertaking to consider an application on a particular basis, failure to comply with that undertaking constitutes at least a denial of procedural fairness, requiring the tribunal to give clear notice of any intention not to comply and an opportunity for the applicant to be heard. However, the validity of such undertakings by statutory bodies with discretionary powers remains an open question. Courts remain reluctant to make executive orders against universities regarding student admissions. The question whether an undertaking inter partes by a statutory body is enforceable by specific performance or mandamus, or only sounds in damages, was not definitively resolved.
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