Summary
The Court held that Delhi School Education Rule 105 capped probation at two years, including in minority schools, but did not create automatic confirmation on continued service. Confirmation required the appointing authority’s satisfaction and an order. It corrected an erroneous reproduction of the rule and reversed deemed confirmation, while awarding the teacher Rs.5 lakhs under Article 142 because the management had unlawfully kept her on probation for nearly five years.
Issues
- Whether Rule 105 limited probation to two years, including at minority schools.
- Whether continuation beyond that limit automatically confirmed the teacher and what relief followed the unlawful extensions.
Provisions considered
- Rule 105(1)–(2) and first proviso, Delhi School Education Rules, 1973The unchanged words “by another year” limited extension to one additional year. Minority institutions were exempt from prior Director approval, not the time limit. Satisfactory performance and a confirmation order remained necessary. (¶¶ 12–16, 20–25, 29–38, 49)
Held
- The rule’s amendment history showed that “by another year” remained in the principal provision despite its omission in versions presented to courts. The maximum probation was two years, and the minority-school proviso only removed the approval requirement. (¶¶ 12–16, 25, 29–33)
- Despite that maximum, Rule 105(2) conditioned confirmation on an assessment of satisfactory work and conduct and issuance of an order. Mere continuation did not confer confirmed status; this case fell within the category requiring an affirmative confirmation act. (¶¶ 34–42, 49)
- Continuing probation beyond two years violated the rule even though it did not create deemed confirmation. The Court moulded relief for this teacher’s nearly five years on probation by awarding ex gratia compensation under Article 142. (¶ 46–50)
- The deemed-confirmation judgment was set aside, but earlier litigation under the rule that had attained finality was expressly protected against reopening. Corrected rule text was to be recorded by the identified court and education authorities. (¶ 51–54)
Result
Appeal partly allowed. Deemed confirmation reversed; two-year probation limit affirmed. School to pay Rs.5 lakhs within four weeks of receipt of certified copy, failing which 9% annual interest until realisation. Final earlier litigation protected; no costs.