MANIPAL ACADEMY OF HIGHER EDUCATION Vs. R SWAMINATHAN

JUDGEMENT

(1.) THESE Writ Appeals are filed against the order dated January 10, 2001, passed by the learned single Judge in Writ Petition nos. 3535-3536 of 1999, wherein the learned single Judge has quashed the termination orders dated January 28, 1999 - Annexures E and F and directed the Appellants to reinstate the respondents in their respective posts of assistant Professors.

(2.) THE Respondents were appointed as assistant Professors on probation for a period of two years vide Orders Annexures-C and D dated December 23, 1997 and September 17, 1997 respectively. They were terminated from their services during the period of probation

(3.) THE learned counsel for the Appellants submitted that the learned single Judge has wrongly come to the conclusion that the services of the Respondents could not be terminated without completion of the probation period. It is also stated that the learned single judge has failed to appreciate the clear distinction made by the Appellants and wrongly relied upon the decision of the Supreme Court in Express Newspapers Limited v. Labour court, Madras AIR 1964 SC 806 : 1964-I-LLJ-9, and has not considered the decision of the Supreme Court in H. F. Sangati v. R. G. High Court of Karnataka, AIR 2001 sc 1148.