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2. The issue as regards the period of probation and whether confirmation is automatic on completion of period of two years of probation under Rule 105 of the Delhi School Education Rules, 1973 or when can the probationary employees services be taken as confirmed on completing a particular number of years of service has been the subject matter of the decision of this Court in the case of Hamdard Public School Vs. Directorate of Education and Anr. 202 (2013) DLT 111. In this judgment it has been held that an employee of a school is deemed to be confirmed in services ordinarily after a period of three years of service. The period beyond three years and up to six years can be extended only if there are grave and exceptional circumstances to extend the period of probation beyond three years. Therefore, ordinarily an employee of a school has been held deemed to be confirmed after completion of probationary services of three years. The relevant paras of the judgment in Hamdard Public School's case (supra) are paras 10 and 11, and the rationale for why the period of deemed confirmation is upon completion of probationary period of three years and as to whether there is no deemed confirmation on completion of two years period as specified under Rule 105 of Delhi School Education Rules, is a subject matter of discussion in the earlier paras 2 to 9 of the said judgment, and therefore all the relevant paras 2 to 11 are reproduced as under:-

(iv) The first proviso only uses the expression "by another year" and not "by another one year" or "by another one year only" or "maximum by another year" i.e in the first proviso there is no outer limit of probationary period prescribed like there is none in the body of the main Sub-Rule 1.

(v) The first proviso can in a way be said to only deal with a minority school not requiring permission of the Director of Education, and the same does not concern other schools in Delhi.

Yours faithfully, (SAIYID HAMID) SECRETARY HES TERMS AND CONDITIONS OF SERVICE

1. Terms of Engagement

a) Initially the Employee is engaged on a one year probation beginning from the date of joining the Hamdard Public School, which may be extended further by the Management for another one year.

b) One successful completion of the probationary period the Employee may be confirmed in writing, if found suitable. Unless and until the confirmation is given in writing by a specific order, the Employee will be deemed to continue on probation notwithstanding the expiry of the probationary period.

c) One month‟s notice on either side or salary in lieu thereof would be the condition for leaving/termination of service during the probationary period. The Management may terminate the Employee‟s service without assigning any reason during this period.

d) One having completed the probationary period and after confirmation, three months‟ notice on either side or three months‟ salary in lieu thereof for the purpose of leaving of termination of service. However, the discretionary power not to allow an Employee to leave the school during an academic year rests with the Management of the School."