(1)Teachers of private colleges shall be of probation for a period of one year within a period of two years:Provided that in exceptional case, the period of probation may be extended by a period not exceeding one year, subject to the prior approval of the Syndicate.Explanation. - Probation undergone by a teacher before the Commencement of this Act shall be deemed to be probation for the purposes of this Sub-section, provided such probation is within a period of two years immediately before such commencement.(2)Notwithstanding anything contained in any contract or other document, any teacher working in a substantive vacancy at or after the commencement of this Act shall be deemed to be on probation for the purposes of sub-section (1).(3)The educational agency may, at any time before the prescribed period of probation, terminate the probation of the probationer for want of vacancy and discharge him from service if he was appointed by direct recruitment or revert him to his original appointment if the appointment to the new post was by transfer or promotion.(4)Any probationer discharged or reverted under under-section (3) shall be given preference in the matter of future appointments to the same post.(5)On satisfactory completion of probation, the educational agency shall confirm the teacher in the post and if the Vacancy is not a substantive vacancy, the teacher shall be allowed to Continue in the post for the duration of the vacancy.(6)If, on the expiry of the prescribed period of probation, the educational agency decides that the teacher is not suitable for continuance in the post in which he is appointed, it shall discharge him from service or revert him to his original appointment, as the case may be after giving him a reasonable opportunity of showing cause against the action Proposed to be taken in regard to him.(7)Where the post held by the Probationer is Substantively vacant and before the expiry of one month from the prescribed period of probation he is not confirmed under sub-section (5) or is not discharged or reverted under sub-section (6), he shall be deemed to have been confirmed in that post.(8)A probationer who is discharged or reverted under sub-station (6) or Who is discharged Or reverted before the prescribed period or probation otherwise than on the ground of want of vacancy shall be entitled to appeal against the order of discharge or reversion to the Appellate Tribunal and the provisions of section 60 shall, the mutatis mutandis apply to such appeals.
