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2013 Supreme(Del) 1048

VALMIKI J.MEHTA
Hem Singh – Appellant
Versus
Director of Education – Respondent


Advocates Appeared:
For the Petitioner:M.A. Niyazi, Advocate.
For the Respondents:R1, Ms. Anjana Gosain, R2 & R3, Vikram Saini for Ms. Asha Saini, Advocates.

JUDGMENT

Valmiki J. Mehta, J.

Oral:

1. By this writ petition, the petitioner impugns the order of the Delhi School Tribunal dated 3.2.2011. By the impugned order the Delhi School Tribunal has dismissed the appeal and held that petitioner was rightly terminated from services during the period of probation.

2. In the recent judgment dated 25.7.2013 in W.P.(C) 8652/2011 titled as Hamdard Public School Vs. Directorate of Education and Anr., I have after giving the reasons held as under:-

“3. Sub- Rule 1 of Rule 105 provides the original period of probation as one year, and which can be extended by the appointing authority. What is the period for which probation can be extended is however not provided in Sub-Rule1. Sub- Rule 1 further provides that services of an employee can be terminated without notice during the period of probation if the work and conduct of the employee is not satisfactory. First Proviso to the Sub-Rule 1 states that the requirement of the provision of Sub-Rule 1 of seeking approval of the Director of Education with regard to extension of period of probation by another year shall not apply in case of an employee of a minority school. The first proviso is therefore real


























































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