Probation does not imply deemed confirmation where the governing rule requires an express order of regularisation.

Under Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali, probation did not automatically mature into regular service on expiry of the probation period. The rule allowed an initial one-year probation, extendable by one year, and permitted removal before completion of probation; it did not create a maximum probation regime leading to deemed confirmation. Applying the principles in Akbar Ali Khan and Kedar Nath Bahl, the Court noted that continuation in service after probation, without an express order of confirmation, does not by itself confer substantive appointment. Adverse correspondence on unsatisfactory performance also supported the non-confirmation of the teacher.

---

---

Issues: Whether a teacher appointed on probation under Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali was entitled to deemed confirmation on expiry of the probation period.

Analysis: The appointment was expressly on probation and subject to satisfactory performance for regularisation. Rule 26 provided for an initial probation of one year, extendable by one year, and empowered the Committee of Management to remove the candidate before completion of the probation period. The Court distinguished the rule from the provision considered in Dharam Singh, because the present rule did not create a maximum probation regime leading to automatic confirmation. The reasoning in Akbar Ali Khan and Kedar Nath Bahl was applied to hold that mere continuation after the probation period, without an express order of confirmation, does not by itself confer substantive appointment. The record also showed repeated adverse correspondence about unsatisfactory performance and extension of probation.

Conclusion: The appellant was not entitled to deemed confirmation, and his probation did not automatically mature into regular service.

Ratio Decidendi: Where the governing rule and appointment terms do not provide for automatic confirmation, a probationer continues as such until an express order of confirmation is made, even if allowed to remain in service after the probation period expires.

---