PRADEEP KUMAR ROHAN Vs. H S GOUR VISHWAVIDYALAYA

JUDGEMENT

(1.) THE petitioner has filed this petition under Articles 226 and 227 of the Constitution of India impugning Annexure A-5. By this order the Vice Chancellor of the University in the exercise of power vested in him under section 52 (1) of the M. P. Vishwavidyalaya Adhiniyam, 1973 has put an end to the service tenure of the petitioner. Para 10 (a) of the Statute 31 of the University Regulations have also been relied upon. In this order the status of the petitioner has been described as probationer. This order is being impugned in the petition.

(2.) BRIEF facts for the purposes of disposal of this petition be noticed as under :the petitioner was appointed as a Medical Officer vide order dated 17th June, 1986. This is Annexure A-1. Clause 3 of the order is relevant and be noticed :

(3.) THE arguments raised by the counsel for the petitioner are as under : (i) that the period of probation came to an end on 14th July, 1988; (ii) no order extending the probation was passed before this date; (iii) subsequent retrospective extension of probationary period is totally unknown to law and cannot curtail the rights of the petitioner.