MANAGEMENT OF SES, BABA NEBHRAJ Vs. RAJKUMARI KHANCHANDANI

JUDGEMENT

(1.) This writ petition impugns the judgment of the Delhi School Tribunal (DST) dated 11.08.2011 whereby the Tribunal set aside the termination order of the respondent No. 1 herein and directed continuation of services of the respondent No. 1 on the ground that the termination order was stigmatic. The DST has also held in the facts of the case that the appointment would be on probation for one year and not for two years as was contended by the school. Respondent No. 1 succeeded in the Tribunal wherein it was held that she would stand confirmed after a period of one year. The DST has interpreted Rule 105 of the Delhi School Education Rules, 1973 in this regard.

(2.) I have recently held in the case of Hamdard Public School Vs. Directorate of Education & Anr. (W.P.(C) 8652/2011 decided on 25.07.2013) as under:

(3.) In the present case, respondent No. 1 has been terminated from services admittedly during the period of probation. The probation period was of two years. Thus, in accordance with the ratio of Hamdard Public School Vs. Directorate of Education & Anr. the respondent No. 1's services could have been and hence have validly been terminated in the probation period. There is no provision of deemed confirmation after one year in the terms of appointment.