AIR FORCE SCHOOL Vs. GAGAN BHALLA

JUDGEMENT

(1.) This writ petition is filed by the petitioner-school challenging the impugned order of the Delhi School Tribunal (DST) dated 13.5.2010. By the impugned order, DST interpreting Rule 105 of the Delhi School Education Rules, 1973 has held that respondent No.1 is deemed to be confirmed to his post of UDC after initial period of one year of probation.

(2.) I have had an occasion to consider the interpretation of Rule 105 in a recent judgment delivered in W.P.(C) No.8652/2011 titled as Hamdard Public School Vs. Directorate of Education and Anr. decided on 25.7.2013. I have held in the judgment that there is no maximum period of probation which is provided under Rule 105 and there is also no provision for deemed confirmation. I have interpreted Rule 105 to mean that ordinarily the period of probation should extend in and around three years. I have also held that there can be extension of probation upto five years for grave reasons which are justifiable in Court. In rarest of rare cases there can also be six years of probation. I have also held that terms and conditions of appointment will also have to be examined as to whether they provide for deemed confirmation after a specific period or do the terms of appointment require a specific order of confirmation in writing. The relevant paras of the judgment are paras 2 to 13 and the same read as under:-

(3.) In the present case, it is not disputed that respondent No.1 was appointed in terms of the appointment letter dated 18.12.2007 and the service agreement is of the same date. Para 3 of the appointment letter and paras 1 to 3 of the Service Agreement read as under:- "Para 3 of the appointment letter: