Case Note & Summary
The case involves four writ petitions arising from a common judgment of the Mumbai University and College Tribunal dated 12 August 2022. The Tribunal had allowed appeals filed by three Assistant Professors (Aniket Akhade, Tarranum Khan, and Manisha Dhanokar) working with Vidyavardhini's College of Engineering and Technology, Vasai Road, District Palghar. The College had terminated the services of these Assistant Professors, who were on probation, without obtaining prior approval from the University of Mumbai. The Tribunal quashed the termination orders and directed reinstatement with continuity of service and 50% back wages. The College challenged this order in three writ petitions (WP 1590/2023, WP 1936/2023, WP 1937/2023), while one Assistant Professor (Aniket Akhade) filed a separate writ petition (WP 7318/2023) seeking full back wages. The High Court examined the provisions of the Maharashtra Universities Act, 1994, particularly Section 80, which requires prior approval of the University for termination of service of any employee of an affiliated college. The Court noted that the College had not obtained such approval before terminating the services of the Assistant Professors. The Court also considered the issue of deemed confirmation upon expiry of probation period. The College argued that the Assistant Professors were probationers and could be terminated without prior approval, and that the Tribunal had no jurisdiction. The High Court rejected these arguments, holding that Section 80 applies to all employees, including probationers, and that the Tribunal had jurisdiction. The Court further held that the Assistant Professors were deemed confirmed upon expiry of their probation period as no order of termination or extension was passed. The High Court dismissed the College's petitions and partly allowed the Assistant Professor's petition, modifying the Tribunal's order to grant full back wages instead of 50%.
Headnote
A) Service Law - Termination of Probationer - Prior Approval of University - Section 80 of Maharashtra Universities Act, 1994 - Termination of Assistant Professors by College without prior approval of University is void ab initio - Tribunal correctly held that termination orders were illegal and directed reinstatement with continuity of service and 50% back wages - Held that Section 80 mandates prior approval of University for termination of service of any employee of an affiliated college, and non-compliance renders termination void (Paras 10-15). B) Service Law - Confirmation of Probationer - Deemed Confirmation - Expiry of Probation Period - Where probation period is specified and no order of termination or extension is passed, employee is deemed to have been confirmed - College's failure to pass any order after expiry of probation period results in deemed confirmation - Held that the Assistant Professors were deemed confirmed upon expiry of their probation period, and termination thereafter without following due process is illegal (Paras 16-20). C) Service Law - Jurisdiction of Tribunal - Section 80 of Maharashtra Universities Act, 1994 - Tribunal has jurisdiction to decide validity of termination of service of employee of affiliated college, including probationers - The requirement of prior approval under Section 80 applies to all employees, including those on probation - Held that the Tribunal correctly exercised its jurisdiction and set aside the termination orders (Paras 21-25).
Issue of Consideration
Whether the termination of the services of the Assistant Professors by the College without obtaining prior approval of the University under Section 80 of the Maharashtra Universities Act, 1994 is valid?
Final Decision
The High Court dismissed the College's writ petitions (WP 1590/2023, WP 1936/2023, WP 1937/2023) and partly allowed the Assistant Professor's writ petition (WP 7318/2023), modifying the Tribunal's order to grant full back wages instead of 50%.
Law Points
- Termination of probationary employee without prior approval of University is void
- Probation period cannot be extended indefinitely without specific order
- Employee deemed confirmed upon expiry of probation period if no termination order passed
- Section 80 of Maharashtra Universities Act
- 1994 requires prior approval for termination of service of employee of affiliated college
- Tribunal has jurisdiction to decide validity of termination even if employee is probationer
- College cannot terminate employee without following statutory procedure.
