2018 (2) TMI 2152

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....arned Single Judge dismissing the same. The appellant was appointed as Associate Professor in Hindi by the first respondent University as per Ext.P1 with effect from 12.06.2017. As per the terms of his appointment, he was to be on probation for a period of 12 months from the date of joining. However, as per Ext.P13 proceedings of the University dated 30.11.2017, he has been terminated, finding on the basis of his performance that he was not suitable for continuation and confirmation in service. The writ petition was filed by the appellant challenging Ext.P13. 2. The case of the appellant is that the respondents were inimical towards him for having filed W.P.(C) No. 7456 of 2017 earlier. The respondents had conspired together to cause fal....

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....e reasons for terminating his probation. The allegations of mala fides were refuted. 4. A reply affidavit was filed by the appellant producing Ext. P27 minutes of the Executive Council in support of his contention that his explanation was not considered at the meeting held on 30.11.2017. 5. The learned Single Judge considered the respective contentions, took note of the fact that the appellant had been continuing on probation and that the University was within its rights in deciding to terminate the probation of the appellant and therefore, dismissed the writ petition. 6. According to Adv. V. Varghese, who appears for the appellant, Ext. P13 refers to Ext.P9 report of the Internal Complaints Committee. Ext. P9 report indicts the appel....

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.... put forward. We notice that the appellant was appointed to the post of Associate Professor only on 04.07.2017 with effect from 12.06.2017. As per the terms of his appointment, he was to continue on probation for a period of 12 months. Therefore, his performance was liable to be assessed during his period of probation and if found unsatisfactory, he is liable to be terminated. A perusal of Ext. P13 shows that his services have been terminated, finding on the basis of his performance that he was not suitable for continuation and confirmation in service. It is mentioned that the conclusion has been arrived at on the basis of the report of the Internal Complaints Committee, other documents and academic performance. Therefore, we are not satisf....