Probationary judicial officer not deemed confirmed on expiry of probation where confirmation depends on fitness and prescribed examinations.

Rule 24 of the Madhya Pradesh Judicial Service Rules does not create deemed confirmation merely because the maximum probation period expires. Confirmation depends on a positive act of confirmation and on the probationer's fitness and passing the prescribed departmental examinations. The power to dispense with the services of an unsuitable probationer continues after the probation period, so expiry of probation alone does not convert the appointment into a substantive one. On that basis, termination after assessment of unsuitability is valid.

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Issues: Whether, under Rule 24 of the Madhya Pradesh Judicial Service (Classification, Recruitment and Conditions of Service) Rules, 1955, a judicial officer is deemed to be confirmed merely because the maximum period of probation has expired without an order of confirmation, and whether termination after such expiry is invalid.

Analysis: Rule 24(1) provides an initial probationary period with a permissible extension up to four years, but it also makes confirmation contingent upon the probationer's fitness and passing of the prescribed departmental examinations. Rule 24(3) separately empowers the Governor to dispense with the services of a probationer found unsuitable or failing the examinations at any time after the probation period. The presence of these requirements shows that expiry of the maximum period of probation does not by itself create automatic or deemed confirmation. A positive act of confirmation is required, and continuation in service after expiry of the probationary period, especially where the Full Court has already found the officer unsuitable and has given further opportunity for improvement, does not convert probation into substantive appointment by implication.

Conclusion: A judicial officer under Rule 24 is not deemed to be confirmed solely on expiry of the maximum probation period, and termination on the ground of unsuitability after such assessment is valid.

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