A.M.KHANWILKAR,J. - (1.) Leave granted.
(2.) The moot question involved in this appeal is: whether the order issued under the signatures of ViceChancellor of the Central University of Kerala (respondent No. 1), dated 30.11.2017 is simplicitor termination or exfacie stigmatic? The said order reads thus: "Order On scrutiny of report by the Internal Complaints Committee, other documents and academic performance, the Executive Council held on 30/11/2017 felt that the performance of Dr. C.P.V. Vijayakumaran on probation is not suitable for continuation and confirmation in this University and had resolved to terminate the services forthwith. It is ordered accordingly."
(3.) Shorn of unnecessary details, on 5.6.2017, the respondent No. 1 ­ University sent an offer letter to the appellant for being appointed to the post of Associate Professor in the Department of Hindi. This letter stated that he would be on probation for a period of twelve months from the date of joining and governed by the rules and regulations of the Central University of Kerala for teachers and other academic staff, orders issued by the University/University Grants Commission (UGC)/Government of India from time to time and the code of conduct applicable to all the employees of the respondent No. 1 ­ University etc. A formal written contract was entered into between the appellant and the respondent No. 1 ­ University on 12.6.2017, restating the terms and conditions referred to in the offer letter. The relevant clauses of the contract read thus: "2. (a) The teacher shall be on probation for a period of 12 months which may be extended by a further period of 12 months. The total period of probation shall in no case exceed twenty four months. (b) The case of each teacher shall be placed before the Executive Council for confirmation soon after the expiry of the period of probation prescribed that is within 68 weeks. The decision of the Executive Council with regard to his/her confirmation or extension of his/her probation period, should be communicated to the teacher immediately. (c) If the University is satisfied with the suitability of the teacher for confirmation he/she shall be confirmed on the post to which he/she was appointed at the end of the period of his/her probation. (d) Where a teacher appointed on probation is found, during the period of probation, not suitable for holding that post or has not completed the period of probation whether extended or not, satisfactorily, the Executive Council may (i) if the appointment is by direct recruitment, terminate the teacher's Service from the University without the notice (ii) if the appointment is by promotion, revert the incumbent to previous post held by him. (e) That the said Teacher shall be a wholetime teacher of the University and unless the contractisterminated by the Executive Council or by the teacher as hereinafter provided shall continue in the service of the University until he/she complete the age of 65 years." xxx xxx xxx 7. It is further agreed that this engagement shall not be liable to be terminated by the University except on the grounds specified and in accordance with the procedure laid down in clauses (i) to (vi). Reproduced below: (i) Where there is an allegation of misconduct against a teacher or a member of the academic staff the ViceChancellor may if he thinks fit by order in writing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made: (ii) Provided that the Executive Council may if it is of the opinion that the circumstances of the case do not warrant the suspension of the teacher or the member of the academic staff revoke that order. (iii) Notwithstanding anything contained in the terms of her contract of service or of her appointment, the executive council shall be entitled to remove a teacher or a member of the academic staff on the ground of misconduct. (iv) Save as aforesaid, the Executive Council shall not be entitled to remove a teacher or a member of the academic staff except for good cause and after giving three months notice in writing or on payment of three months salary in of notice. (v) No teacher or a member of the academic staff shall be removed under clause (ii) or under clause (iii) until she has been given a reasonable opportunity of showing cause against the addition proposed to be taken against her. (vi) The removal of a teacher or a member of the academic staff shall require a twothirds majority of the numbers of the executive council present and voting. (vii) The removal of a teacher or a member of the academic staff shall take effect from the date on which the order of the removal is made. Provided that where a teacher or a member of the academic staff is under suspension at the time of removal, the removal shall take effect from the date on which she was placed under suspension. 8. Any dispute arising, out of this contract shall be settled in accordance with the provisions of the Central University of Kerala." (emphasis supplied) ;