VidhiSangh

Supreme Court of India · 21/08/2019

DURGABAI DESHMUKH MEMORIAL SR. SEC. SCHOOL & ANR. versus VASU SENA & ANR.

[2019] 12 S.C.R. 881 · 2019 INSC 937

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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

  1. Whether Rule 105 limited probation to two years, including at minority schools.
  2. Whether continuation beyond that limit automatically confirmed the teacher and what relief followed the unlawful extensions.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 881.