J.K.Mathur, J. - (1.) This petition has been filed for a writ of certiorari to quash an order of termination passed against the petitioner on 10-4-1990.
(2.) The D.A.V. College Management Committee, New Delhi, respondent No. 1 runs a secondary school at Unchahar, Rae Bareli. This school is affiliated to the Central Board of Secondary Education and the conditions of service in the said school are governed by the Central Board of Secondary Education Affiliation Bye-laws. The petitioner was selected as a Music teacher in the said school and letter of appointment was issued on 12 12-1989. She was kept on probation for one year. According to the petitioner, she is working to the entire satisfaction of the staff and students while respondent No. 2, Principal, was not happy with her as he wanted to appoint some person from Rajasthan. Some incident took place during this period and the petitioner was required to explain certain acts of conduct though no enquiry was conducted. Ultimately on 10-4-1990 the petitioner's services were terminated. This order has been challenged firstly, on the ground that it is based upon the alleged misconduct of the petitioner and amounts to punishment, without her having been afforded any opportunity of hearing. It also casts an aspersion on the working of the petitioner and is a stigma and has been passed in contravention to the provisions of Article 311 of the Constitution. It was also urged that it has not been passed by the appointing authority.
(3.) The opposite-parties contested the petition. The order of termination was defended mainly on the ground that the petitioner was on probation under the relevant rules and her services could be terminated. Her conduct was not found to be satisfactory and, therefore, her services were terminated. The opposite-parties also challenged the maintainability of this petition.;