VALMIKI J. MEHTA, J.

1. This writ petition under Article 226 and Article 227 of the Constitution of India filed by the petitioners/school impugns the judgment of the Delhi School Tribunal (hereinafter referred to as DST) dated 12.5.2015. DST by its judgment dated 12.5.2015 has accepted the appeal filed by the respondent no.1/employee before the DST and the DST has set aside the order of termination of the services of the respondent no.1 by the letter dated 5.4.2013. The issue in this present writ petition is with respect to whether the respondent no.1 is deemed to be confirmed in the services with the petitioners/school on completion of three years period of probation and hence his services could not be terminated by the letter dated 5.4.2013.

2. The issue as regards the period of probation and whether confirmation is automatic on completion of period of two years of probation under Rule 105 of the Delhi School Education Rules, 1973 or when can the probationary employees services be taken as confirmed on completing a particular number of years of service has been the subject matter of the decision of this Court in the case of Hamdard Public School Vs. Directorate of Educati