MOHD SALMAN Vs. COMMITTEE OF MANAGEMENT

JUDGEMENT

(1.) We propose to dispose of both the appeals by this common judgment and order as the issues involved are inter-connected.

(2.) The issue that arises for consideration in these appeals is whether the appellant is entitled to claim deemed confirmation of his service as an Assistant Teacher in the respondent no. 1 institution on an interpretation of Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali. However, before we deal with the contentions on the legal issues which arise for our consideration, it would be necessary to state certain facts for proper appreciation of the issues.

(3.) The appellant was appointed on 1st March, 1989 as an Assistant Teacher in the primary section of Madarsa Hanifa Ahle Sunnat Bahrul Uloom, Mau. A copy of the appointment order dated 22.2.1989 is placed on record. The said order not only states that by virtue of the said order, the appellant was appointed in the said Madarsa to the post of Assistant Teacher Tahtania(primary) but it was also mentioned therein that the said appointment is purely on probationary basis. In the said letter, the appellant was further informed that his services could regularised but only if his performance during probation period was found to be good/satisfactory. It was also indicated therein that if his performance during the aforesaid period is not satisfactory, then he could be terminated from the service of Madarsa anytime without assigning any reason.