Interpreting
Rule 105 of the Delhi School Education Rules, 1973, Hon’ble Supreme Court of
India in DAV College Managing Committee Vs. Surender Rana and Ors. (MANU/SC/0472/2011,
Civil Appeal No. 2719 of 2007, decided on: 03.02.2011) held that the termination
of service of a probationer without prior approval from the Director of
Education is illegal.
DAV
College Managing Committee (supra), was decided in
the year 2011 but assumes significance today in view of recent Supreme Court judgment
in Durgabai Deshmukh Memorial Sr. Sec. School and Ors. Vs. J.A.J. Vasu Sena
and Ors. (Decided
On: 21.08.2019; MANU/SC/1139/2019, 2019 (11) SCALE 353). In Durgabai Deshmukh
(supra), Supreme Court held that the employees of Private Schools in
Delhi remain on probation even after expiry of the probationary period. For
confirmation in service, a specific order from school is required and, in the
absence of any such order, the employee continues to remain on probation even
after working for years in the school.
Conjoint
reading of both the judgments, i.e. DAV College Managing Committee (supra) as well as Durgabai Deshmukh
(supra), makes it clear that although an employee in a private school in Delhi
continues to remain on probation even after expiry of his probationary period
but, at the same time, his/her services cannot be terminated without prior
approval from the Director of Education, Govt. of NCT of Delhi.
Anuj Aggarwal
Advocate
483, Block – 2, Lawyers Chambers,
Delhi High Court, New Delhi – 110003
Mob – 9891403206
