Termination of a probationary teacher must follow due process and cannot be based on unverified allegations, as it may lead to stigmatization affecting future employment.

JUDGMENT :

Hon'ble Saurabh Shyam Shamshery, J.-

1. Undisputed Dates and Events -:

i. Petitioner belongs to 'Economically Weaker Sections' as well as he has 50% visual impairment i.e. a divyang; petitioner is an academic scholar having Bachelor's and Master's degree and has M.Phil. And Ph.D. from Jawahar Lal Nehru University; his various papers are published in UGC listed journals; he got various medals and has participated in various conference/seminars/workshops, etc.

ii. The petitioner has applied for post of 'Assistant Professor' in the Department of Sanskrit, Pali, Prakrit and Oriental Languages of University of Allahabad on 16.10.2021.

iii. In his form, a column against 'Do you have any ciriminal case pending against you in a Court of Law?', he mentioned 'Yes' and under column of details : 'For Students' Political Issue' i.e. he has not disclosed crime number and details of offence.

iv. The petitioner appeared in various rounds of recruitment process and finally by unanimous decision of 68th Emergent Meeting of the Executive Council of University of Allahabad held on 21st May, 2022, he was selected on post of Assistant Professor (Department of Sanskrit) under PWBD-A (EWS) category.

v. University of Allahabad issued an appointment letter dated 21.5.2022 to the petitioner on following terms and conditions :

''1. You will be on probation for a period of 1+1 year from the date of joining, which may be extended at the discretion of the competent authority. On satisfactory completion of probation period, you will be considered for confirmation against the said post.

2. On joining the post, you will be required to take an Oath of Allegiance to the Constitution of India or make a solemn affirmation to that effect.

3. If you claim to belong to a Scheduled Caste, Scheduled Tribe, Other Backward Classes, EWS & PWD, you have to produce a certificate issued in the prescribed form by any of the Judicial/Revenue Authorities mentioned therein. You should note that your appointment, will be provisional and is subject to verification of the Caste/Tribe/EWS/PWD Certificate and other relevant documents through proper channels and that if the claim to belong to SC/ST/OBC/EWS/PWD is found to be false, the services will be terminated forthwith without assigning any reason and without prejudice to such further action that may be taken under the Indian Penal Code for producing false certificate.

4. Other terms and conditions of your service shall be governed by the Act Statutes and Ordinance of the University of Allahabad as amended from time to time.

5. This offer of appointment is further subject to Police Verification of your antecedent and Character and production of a medical certificate of fitness by the Senior Medical Officer, University Health Centre, University of Allahabad, Prayagraj within three months of joining, if not done before.

6. If any declaration or information furnished by you is proved to be false or if you are found to have wilfully suppressed any information, you will be liable to dismissal from service and also subject to other legal action as University may deem necessary under rules applicable.

7. You are requested to report to office of the Registrar immediately.

8. In case you accept the aforementioned offer, kindly sign the acceptance letter (Annexure -'A') and a signed copy of completely filled Form of Agreement (Annexure-'B') in all aspects must be send to the undersigned immediately to enable the University to take further appropriate action in this regard.

9. This offer shall stand withdrawn in case you prefer not to join within one month from the date of issue of this offer.

10. The joining will be subject to the following Terms & conditions and Production of documents :

(a) Please send your letter of acceptance via return email.

(b) Degree and other essential educational qualification in original.

(c) The certificate of date of birth in original.

(d) The Certificate of fitness from the Senior Medical Officer of the University Healt