VALMIKI J. MEHTA, J.

1. By this writ petition under Article 226 & Article 227 of the Constitution of India, the petitioner impugns the judgment of the Delhi School Tribunal (DST) dated 10.12.2015 by which the DST has allowed the appeal filed under Section 8(3) of the Delhi School Education Act, 1973 and has directed reinstatement of the respondent no. 1 in this writ petition to the services with the petitioner/school. Respondent no. 1 in this writ petition was the appellant before the DST.

2. The facts of the case are that admittedly the respondent no. 1 was appointed by the petitioner/school in terms of the letter dated 4.4.2011. This letter of appointment of the respondent no. 1 reads as under:-

“ST. THOMAS SCHOOL

GOYALA VIHAR, NEAR SECTOR-19, DWARKA

NEW DELHI-110071

Ref: No. STTHMS/18/2011

DATED 04 APRIL 2011

To,

Sh MANISH KAUSHIK

S/o Sh SUGREEV KAUSHIK

VDP, DHANSA NEW DELHI-110073

SUB:- APPOINTMENT LETTER

Madam/Sir,

This is with reference to your interview for the post of PET in this school, I am pleased to inform you that you have been selected for the post in the pay scale of Rs. 12540 + 4660. The appointment will be governed by DSER and rules 1973 framed there under. Further, you are informed that your appointment will be on probation period for one year and thereafter on being satisfied, the Managing Committee will review your work for regularization of your service.

You are required to join by 04-4-2011 (forenoon) along with your acceptance in writing.

ST. THOMAS SCHOOL

Sd/-

MANAGER

Sd/-

(M. Kaushik)

ST. THOMAS SCHOOL

DIVYA GAUTAM

GOYLA VIHAR, NEAR SEC-19

DWARKA, NEW DELHI-71”

(Emphasis added)

3. A reading of the aforesaid letter shows that respondent no. 1 was appointed on probation for one year and only on the petitioner/school being satisfied would the respondent no. 1 be granted regularization.

4. The case of the petitioner before the DST was that respondent no. 1s services were not satisfactory and respondent no. 1 was issued various memorandums with respect to his deficiencies in work and such memorandums are dated 21.1.2014, 7.2.2014 and 24.2.2014. These memorandums read as under:-

1. Memorandum dated 21.1.2014

“ST. THOMAS’ SCHOOL

(Senior Secondary Recognised & Affiliated to CBSE)

Goyala Vihar, Near Sec-19, Dwarka New Delhi-110071

8826479990, 91, 92 info@stthomasdwarka.com www.stthomasdwarka.com

No. STS/Memo/01

21st January, 2014

To,

Mr. Manish Kaushik

TGT/PET

Vill & P.O. Dhansa

New Delhi-110073

MEMORANDUM

It has been noticed that you are not attentive to your duties in the school. It has been observed that:

1. You are very casual to discipline and discipline not looked after properly in the school.

2. You have been coming late to the school very often.

3. When asked verbally, your behavior to the authorities is irresponsible.

4. Work entrusted to you was not done in time.

5. You were entrusted the job of finding suitable person for preparation of cricket ground pitch job but there was no response from your side.

You are hereby directed to explain your position in writing in this regard.

In view of the above you are submit your reply to the undersigned within 2 days.

Sd/-

Mrs. K. Sudha

Principal

St. Thomas School

Goyala Vihar, New Delhi-110071”

2. Memorandum dated 7.2.2014

“ST. THOMAS’ SCHOOL

(Senior Secondary Recognised & Affiliated to CBSE)

Goyala Vihar, Near Sec-19, Dwarka New Delhi-110071

8826479990, 91, 92 info@stthomasdwarka.com www.stthomasdwarka.com

Reminder-1

Ref:-STS/Memo/02

7th February, 2014

To,

Mr. Manish Kaushik

TGT/PET

Vill & P.O. Dhansa

New Delhi-110073

MEMORANDUM

Please refer our earlier Memorandum No. STS/Memo/01 dated 21st January 2014.

You have not submitted reply to the same. You are again advised to reply in 5 days, failing which the management will presume that you have nothing to say in this regard.

It has been noticed that you are not attentive to your duties in the school. It has been observed that:

1. You are very casual to discipline and discipline not looked after properly in the school.

2. You have been coming late to the school very often.

3.