24.In these circumstances, I am of the view that after the expiry of one year probation period, the petitioner shall be deemed to be a confirmed teacher. Clause 7 of Chapter – XX of the Ordinances does not contemplate the issuance of any order of confirmation on the expiry of one year period of probation. Furthermore, Clause 7 does not contemplate writing of any examination or facing an interview etc., at the end of probation period. Clause 7 also does not make any condition to become a confirmed employee. If the respondent University failed to decide the matter as per the proviso to Clause 7(a), then the employee should be deemed to be a confirmed employee and the employee/teacher could no more be a probationer. If the teacher is no more a probationer, the question of extension would not arise, after one year period of probation. The extension of probation for non satisfactory performance has to be decided at the end of one year of probation. Even during the one year period of probation, the respondent University could terminate the services, as per Clause 7(c) of Chapter – XX of the Ordinances on the ground of "unsatisfactory service". But the same did not take place and on the expiry of one year period of probation, the petitioner was not terminated. Hence, as per proviso to Clause 7(a) of Chapter XX of the Ordinances, the petitioner is deemed to be a confirmed employee. Therefore, the decision taken by the Executive Council after the expiry of one year period of probation namely, 24.06.2010 is of no consequence.
