Candidates on probation are deemed confirmed upon completion of the probation period unless explicitly terminated, per AICTE Regulations.

JUDGMENT:

1. By Order dated 1st March 2023, Petitions were directed to be heard finally at the admission stage.

2. Rule. Mr. Chetan Mali waives service for respondents. Rule made returnable forthwith. Taken up for final disposal.

3. All these four petitions arise out of the common Judgment and Order dated 12th August 2022 passed by the Presiding Officer, Mumbai University and College Tribunal, deciding three appeals filed by three Assistant Professors working with Vidyavardhini’s College of Engineering and Technology, Vasai Road, District Palghar. By the common Judgment and Order, termination orders of all three Assistant Professors are quashed and set aside, and they are directed to be reinstated as confirmed employees from the date of the impugned order with continuity of service. The Tribunal has ordered payment of 50% back wages to Tarranum Khan and Manisha Dhanokar. So far as Aniket Akhade is concerned, he is held not entitled to back wages. Hence, the management and the college, i.e. original opponents nos. 1 and 2 (for convenience referred to as management), have filed the three Writ Petitions challenging the said common Judgment and Order. The fourth writ petition is filed by Aniket Akhade challenging the common Judgment and Order to the extent of refusal to grant back wages.

4. The three assistant professors had filed three separate appeals challenging their termination orders. Aniket Akhade was terminated by an order dated 8th July 2019. Tarranum Khan was terminated by an order dated 10th July 2019. Manisha Dhanokar was terminated by an order dated 10th July 2019. All three assistant professors were appointed pursuant to the appointment procedure followed in terms of an advertisement dated 30th March 2016. Appointment orders of all three Assistant Professors are dated 8th August 2016, on probation for a period of two years. Aniket Akhade joined services on 25th July 2016, Tarranum Khan joined on 26th July 2016, and Manisha Dhanokar joined on 23rd August 2016. By order dated 23rd July 2018, the probation period of all three Assistant Professors was extended for one year. The service of Aniket Akhade was terminated by order dated 8th July 2019 on the expiry of the said extended period. The service of Tarranum Khan was terminated by an order dated 10th July 2019 on the expiry of the extended period, and the service of Manisha Dhanokar was also terminated by an order dated 10th July 2019 on the expiry of the extended period. Hence, three separate appeals were filed before the University and College Tribunal. All three appeals were decided by the common Judgment and Order impugned in the four Writ Petitions aforesaid.

SUBMISSIONS ON BEHALF OF THE MANAGEMENT:-

5. Learned senior counsel for the management submitted that the appointment orders were by way of an offer letter given after the procedure followed in terms of the advertisement published by the management. He thus submitted that a perusal of the appointment letters would indicate that it was in the form of an offer letter indicating that the appointment would be on probation for two years, and the services were terminable during the probation period by giving three months' notice by either side or three months' salary in lieu thereof. Clause 2 of the appointment letters stated that on completion of the period of probation, the appointment shall be reviewed and if the services are satisfactory, the candidate may be confirmed subject to approval by the University. Clause 3 of the letters indicated that the appointment on probation shall not be deemed as confirmed unless a formal order of confirmation was issued at the end of the probation period.

6. Learned senior counsel for the management further relied upon clause 16 of the appointment letters indicating that the offer of appointment on the terms and conditions stated in the letters, if not accepted by the candidate, then the appointment would be discontinued without any notice. Thus, it was submitted that once the candi