In Brief
A teacher employed as a probationer was extended repeatedly over five years without formal confirmation. The Delhi High Court held that continuation beyond the maximum two-year probationary period resulted in deemed confirmation. The Supreme Court held that the words 'by another year' in Rule 105(1) of the Delhi School Education Rules 1973 limit maximum probation to two years, and Rule 105(2) requires an express order of confirmation, not automatic confirmation on continuation of service. The Court reversed the High Court's deemed confirmation judgment but awarded ex-gratia compensation under Article 142, recognizing the teacher's hardship from the management's violation of the law.
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