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5. The termination of the services of any teacher shall take place only in accordance with the provisions of the College Code Ordinance (No.24) and contract appended thereto.

Provided that, in case of a teacher, who is already confirmed prior to the commencement of this Statute or in case of a teacher covered by para 4 above, no notice of termination shall be issued or termination made effective, without the prior approval of the Executive Council of Nagpur University."

14. Ordinance 24 which is titled as the "College Code" came into effect from the academic session 1967-68 and Article 38 thereof reads thus :

"38. (1) The appointments of the teachers of a College, other than temporary teachers for a period not exceeding one academic year shall be made by the Governing Body of the College, after inviting applications for the posts by public advertisement, and after considering the recommendations of the Selection Committee as per Article 39.

Notice period of termination of service by or of the staff on temporary or probationary appointment should be restricted to one month only.

10. Nothing in this agreement shall affect the right of the party of the first part to refer any difference or dispute arising out of this agreement to the Tribunal of Arbitration constituted under the provisions of the College Code Ordinance (No.24 of Nagpur University).

................, 19 Signed this.............. day of .........

21. The interplay between the provisions of Statute 53 and the College Code is considered by the Division Bench in College of Engineering of Yeshwant Rural Education Society, Sewagram vs. Mrs. Asmita Basole and another, 1987 Mh.L.J. 676. Paragraphs 11 and 12 of the said decision read thus :

"11. This takes us to the last point - Is termination bad for want of prior approval of the Executive Council in view of Statute 53, which has received the assent of the Chancellor on 2nd January 1978. Before Statute No. 53 was brought into force, there was no deemed confirmation of probationary teachers in affiliated colleges. Statute 53 is a Statute providing for confirmation of teachers working in affiliated colleges. Clause 4 provides for deemed confirmation. Every teacher appointed in a clear vacancy has to be appointed in the first instance on probation for two years at the end of which he shall be confirmed. His services can be dispensed with provided at least a month before expiry of probationary period notice is given, in the absence of which it shall be construed that he has completed the period of probation satisfactorily and that he is confirmed. Clause 5 provides that termination of services of any teacher shall take place only in accordance with the provisions of the College Code. The provision reads thus :