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2020 Supreme(SC) 79

A.M.KHANWILKAR, HEMANT GUPTA, DINESH MAHESHWARI
Vijayakumaran C. P. V. – Appellant
Versus
Central University of Kerala – Respondent


Advocates Appeared:
For the Petitioner(s):R. Basant, Resmitha R. Chandran, Biju Joseph, Manu, Pramod P., Advocates
For the Respondent(s):Vinay Navare, Nachiketa Joshi, Sajith Vishwanathan, Sucheta Joshi, Himadri Haksar, Vipul Tiwari, Advocates

JUDGMENT :

A. M. KHANWILKAR, J.

1. Leave granted.

2. The moot question involved in this appeal is: whether the order issued under the signatures of Vice-Chancellor of the Central University of Kerala (respondent No. 1), dated 30.11.2017 is simplicitor termination or ex-facie stigmatic? The said order reads thus : -

“Order

    On scrutiny of report by the Internal Complaints Committee, other documents and academic performance, the Executive Council held on 30/11/2017 felt that the performance of Dr. C.P.V. Vijayakumaran on probation is not suitable for continuation and confirmation in this University and had resolved to terminate the services forthwith. It is ordered accordingly.”

3. Shorn of unnecessary details, on 5.6.2017, the respondent No. 1 – University sent an offer letter to the appellant for being appointed to the post of Associate Professor in the Department of Hindi. This letter stated that he would be on probation for a period of twelve months from the date of joining and governed by the rules and regulations of the Central University of Kerala for teachers and other academic staff, orders issued by the University/University Grants Commission (UGC)/Government of India from tim


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