DAYANAND EDUCATION SOCIETY LATUR Vs. BHAGWAN

JUDGEMENT

(1.) HEARD learned advocates for the parties. Perused the records.

(2.) THE petitioners challenge the judgment and order dated 13th October, 1999 passed by the Presiding Officer, University and College Tribunal Aurangabad in Appeal No. SRTMU/06/99. By the impugned order, the appeal filed by the respondent No.1 against the order of termination of his services dated 13 3 1999 has been allowed and the said order has been quashed and set aside and further the respondent No.1 is held to be entitled to continue to be in service subject to conditions as may be imposed by the University and further subject to condition of passing of NET/SET examination in accordance with the provisions of law. The petitioners have been directed to pay the arrears of the salary of the respondent No.1 from 16th April, 1999 onwards.

(3.) IT is the contention of the petitioners that the appointment of the respondent No.1 was made for a fixed period of one year 1998 99 as he had not passed NET/SET examination and the approval by the University of his appointment was also for one academic year. It is also the contention of petitioners that the service rendered by the respondent No.1 during the said period of one year was not satisfactory and even assuming that he was on probation, nothing prevented the petitioner from terminating his services on expiry of the probation period of one year. On the other hand, it is the case of the respondent No.1 that he was selected by following the due process of law as applicable to the petitioner's college and in a clear vacancy; that he was appointed on probation initially for one year in view of the provisions contained in Government Resolution dated 22nd December, 1995 to enable the respondent No.1 to obtain necessary NET/SET qualifications; the action on the part of the petitioners in seeking termination of the services of the respondent No.1 abruptly after one year is arbitrary and clearly discriminatory as compared to treatment given to another person by name Girish V. S. Keshava Pillai who was also selected and appointed initially for one year along with the respondent No.1 in the same manner as respondent No.1 was selected and appointed.