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Supreme Court of India 2019-08-21 partly_allowed

Durgabai Deshmukh Memorial Sr. Sec. School & Anr vs J.A.J. Vasu Sena & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This case concerns the rights of a probationary schoolteacher under the Delhi Education Act, 1973. The school challenged a court order quashing its judgment terminating a probationer's services. The Supreme Court held that during probation, termination without notice is legally permissible under the rules. Critically, the Court clarified that continuing to employ a probationer beyond the probation period does not automatically confirm them; confirmation requires an express order from the appointing authority. The Court found the lower court had overlooked the amended history of Rule 105, leading to incorrect legal analysis. The appeal was partly allowed.

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