Case Note & Summary
The appellant, Shri Kodandpani R. Kulkarni, was selected as an Assistant Teacher in the respondent-institute at Vishnu Nagar Branch. He was appointed on probation. By an order dated 26th March 1998, his services were terminated on the last working day of the academic year 1997-98. The appellant challenged the termination before the School Tribunal, Navi Mumbai, which allowed his appeal and ordered reinstatement. The respondent-Management challenged the Tribunal's order by way of a writ petition before the Bombay High Court. The learned Single Judge allowed the writ petition, setting aside the Tribunal's order on the ground that since the appellant was appointed on probation and his services were terminated during the probation period, he had no right to the post. The appellant then filed a Letters Patent Appeal before the Division Bench. The Division Bench heard both sides and examined the orders of the School Tribunal and the learned Single Judge. The Court noted that the appellant was selected on 1st June 1996 and worked from 13th June 1996 to 30th April 1997 and from 12th June 1997 to 30th April 1998. The termination order dated 26th March 1998 did not mention that the appellant was appointed on probation. However, the Court found that the appellant was appointed on probation and his services were terminated during the probation period. The Court held that a probationer has no right to the post and the termination during probation is valid. The Division Bench dismissed the appeal, upholding the order of the learned Single Judge.
Headnote
A) Service Law - Probationary Appointment - Right to Post - A teacher appointed on probation has no right to the post during the probation period. The termination of services during the probation period is valid and does not require any inquiry. (Paras 1-3) B) Education Law - Termination of Services - School Tribunal - The School Tribunal's order of reinstatement was set aside by the High Court on the ground that the appellant was appointed on probation and his services were terminated during the probation period. (Paras 1-3)
Issue of Consideration
Whether a teacher appointed on probation has a right to the post and whether termination during the probation period is valid.
Final Decision
Appeal dismissed. Order of learned Single Judge upheld. No order as to costs.
Law Points
- Probationary appointment does not confer right to post
- Termination during probation period is valid
- School Tribunal's order of reinstatement set aside
