( 1 ) THE controversy here is with regard to confirmation in service on the expiry of the period of probation. It arises in the context of the termination of the service of a Management Trainee, in the Punjab National Bank, on his failure to fulfil the condition, in his letter of appointment, of passing the banks confirmation test. The Management Trainee, on his part, asserts his right to confirmation merely upon the expiry of his period of probation regardless of the confirmation test not having been passed by him.

( 2 ) TO give the relevant factual background, Khar Bhan Ram, the respondent here, was selected for appointment as Management Trainee on terms and conditions as incorporated in the letter of july 28, 1986 (Annexure-1 to the writ petition ). One of the conditions there being:

"you will be on training/probation for a period of 2 years from the date of your joining the Bank and you will be considered for confirmation in the service subject to your satisfactory report on your training, passing Banks confirmation test and receipt of satisfactory report from the Police authorities about your character and antecedents. You may also be required to pass a test in