Iqbal Ahmed Ansari, J.

1. With the help of this writ petition, made under Article 226 of the Constitution of India, the petitioner, namely, Deputy Commissioner, Navodaya Vidyalaya Samity (hereinafter referred to as 'the Samity'), who was respondent No. 3 in Original Application (in short, 'OA'), No. 97/2008, has put to challenge the order, dated 09.09.2009, passed by the learned Central Administrative Tribunal, Guwahati Bench (hereinafter referred to as 'learned Tribunal'), whereby the learned Tribunal has allowed the OA and directed the respondents therein to reinstate, in service, the applicant, who is respondent herein and who is hereinafter referred to as 'applicant-respondent'. We have heard Mr. K.N. Choudhury, learned senior counsel, appearing on behalf of the petitioners, and Mr. M. Nath, learned counsel, appearing for the applicant-respondent

2. The material facts, as discernible from the impugned order, dated 09.09.2009, may, in brief, be set out as under:-

(i) Pursuant to an advertisement, published in the month of July, 2005, by the Samity inviting applications for filling up posts of Trained Graduate Teacher in various Jawahar Navodaya Vidyalaya, situated across the North Eastern States, the applicant-respondent herein applied for the posts of Trained Graduate Teacher and, in course of time, she came to be appointed to a post of Trained Graduate Teacher (English) and joined the post on 25.06.2006, at Jawahar Navodaya Vidyalaya, Banduar, Udaipur, in South Tripura. The letter of appointment, issued to the applicant-respondent herein, made it clear that the applicant-respondent herein would, initially, be, on probation, for a period of two years from the date of her joining the post, the period of probation being extendable at the discretion of the competent authority and, failure to complete the period of probation to the satisfaction of the competent authority, would render the applicant-respondent herein liable to be discharged from service. The letter of appointment, so issued, also made it clear that even during the period of probation, the service of the applicant-respondent herein could be dispensed with by the Samity without assigning any reason and that the applicant-respondent herein would be entitled to resign, while on probation, by giving one month's notice, in writing, in this regard. Clause 4 of the said letter of appointment further envisaged thus:-

Jawahar Navodaya Vidyalaya being fully residential institutes the teachers are required to stay in the Vidyalaya campus. In addition to normal teaching duties, the teachers are required to perform additional responsibilities attached with residential system like House Mastership, remedial and supervisory studies, organization of co-curricular activities, escorting of students on migration and in general looking after the student welfare. During the period of probation your performance in all these areas would also be assessed in addition to teaching ability to determine your suitability for the job.

(Emphasis is added)

(ii) As noted by the learned Tribunal, in its impugned order, the applicant-respondent was served, on 10.09.2007, with a Memorandum by the Principal of her school, which read as under:-

Your class was observed by the undersigned several times and informed that you are very poor in English. You are further advised to do hard work to improve your teaching qualitatively.

You are also instructed to prepare the lesson so that you can deliver the subject matter to the children effectively. Time and again you are warned, for not preparing the lessons.

Your careless attitude will affect the English language and communication for the children. Quality result may not be possible when the students go to class X.

This is the final warning to you that, without preparation, you do not enter the class and don't simply engage the students.

You are asked to explain and submit in writing within 2 (02) days.

The receipt of this memorandum should be acknowledged.

(ii