HAMDARD EDUCATION SOCIETY Vs. ABDUL REHMAN

JUDGEMENT

(1.) At the outset it may be noted that the two appeals as also the two writ petitions, orders passed wherein have given birth to the two appeals were litigated by the parties on the basis that Hamdard Education Society and the institutions established by it are not minority institutions and thus pertaining to the schools established by the Society which have been accorded recognition by the competent authority under the Delhi School Education Act, 1973, the provisions of the said Act and of the Delhi Education Rules, 1973 apply.

(2.) Hamdard Education Society has established a school named Rabea Girls Public School, which has been accorded recognition by the competent authority under the Delhi School Education Act, 1973 and thus the said Act and the Delhi School Education Rules, 1973 apply to the school. The Society has also established Hamdard Public School which also been accorded recognition by the competent authority.

(3.) The respondent of LPA No.508/2013 Abdul Rehman, who happens to be the appellant of LPA No.945/2013, was appointed as a Lower Division Clerk in Rabea Girls Public School with effect from September 01, 1992. In the letter offering appointment, vide clause 3 thereof, Abdul Rehman was informed that he would be on probation (period not indicated) and vide clause 4 he was informed that at the discretion of the management of the school the probation may be extended. Vide clause 6 he was informed that if he successful completes the probation he would be confirmed with the approval of the management. Vide clause 7 Abdul Rehman was informed that :