IMPORTANT POINT
Termination of a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.

JUDGMENT :

1. Heard Shri Amit Saxena, learned Senior Counsel assisted by Shri Kunal Shah, learned counsel for the appellants-respondents and Shri G.K. Singh, learned Senior Counsel assisted by Shri Sankalp Narain & Sri Srivats Narain, learned counsel for the respondent-petitioner.

2. Present Special Appeal has arisen from a judgment and order of the learned Single Judge dated 23.05.2024 passed in Writ A No.17284 of 2023 (Dr. Raghvendra Mishra vs. Union of India and 3 others) by which the writ petition filed by the petitioner has been allowed.

FACTS

3. The respondent-petitioner belongs to the category of ‘Economically Weaker Section’ and he has 50% permanent visual impairment. He is an academic scholar having Bachelor’s and Master’s degrees and completed M.Phil. and Ph.D. from Jawahar Lal Nehru University, New Delhi. In pursuance of the advertisement No.UoA/Asst. Prof/01/2021 dated 28.09.2021 published by the University of Allahabad,[University.], he applied for post of ‘Assistant Professor’ in the Department of Sanskrit, Pali, Prakrit and Oriental Languages of the University on 16.10.2021. At the time of filling up the application form in column under the head of ‘Disclosure’ containing the query ‘Do you have any criminal case pending against you in a Court of Law?’, the petitioner-respondent had mentioned ‘Yes’ and under column of details, he had mentioned ‘FOR STUDENTS POLITICAL ISSUES’. Thereafter, the petitioner appeared in different stages of selection and on the basis of the recommendation of the Selection Committee dated 18.05.2022 and approval by the Executive Committee in its meeting dated 21.05.2022, he was selected on the post of Assistant Professor (PWBD-A (EWS) in the Department of Sanskrit, Pali, Prakrit and Oriental Languages of the University.

4. Consequently, the University had issued an appointment letter dated 21.05.2022 in favour of the petitioner on the terms and conditions mentioned therein. In pursuance thereof, the petitioner joined the said post and started working on probation of one year. Subsequently, vide notification dated 08.8.2023, the probation period of all newly appointed teachers was extended by one year in terms of Resolution of the Executive Council dated 20.06.2023. Thereafter, the meeting of the Executive Council of the University was held on 15.09.2023, wherein the Executive Council vide resolution No.06/78 dated 15.09.2023 had unanimously resolved to not extend the services of Dr.Vidhu Khare Das, Associate Professor, Centre of Theatre and Films and Dr. Raghvendra Mishra, Assistant Professor, Department of Sanskrit of the University (petitioner) and to terminate their contract of service under Clause 5 (a) of the Ordinance XLI, Conditions of Service of teachers of the University. For ready reference, Resolution No.06/78 of the Executive Council is reproduced hereinafter:-

“After due deliberation on the service rendered by Dr. Vidhu Khare Das, Associate Professor, Centre of Theatre and Films, University of Allahabad and Dr. Raghvendra Mishra, Associate Professor, Department of Sanskrit, University of Allahabad, it was unanimously resolved by the Executive Council to not extend their services (currently under probation) and to terminate their contract of service under clause 5 (a) of the Ordinance XLI: Conditions of Service of Teachers of the University. It has been decided to make a payment of a sum equivalent to one month’s salary in lieu of a notice of termination. The services of Dr. Vidhu Khare Das and Dr. Raghvendra Mishra shall be considered to be dispensed with, with effect from the date of the meeting. Hon’ble Members of the Executive Council unanimously approved the same.

Dr. Deepali Pant Joshi, nominee of the Hon’ble Chancellor in the Executive Council said that a teacher is a role model and it is good to nip any problem in the bud, for smooth functioning and future of the institution.”

5. Consequently, the Registrar of University vide order dated 15.09.2023 had dispensed with the