- (1.) CHALLENGING the judgment and order dated 13th May, 2004 passed by learned trial Judge in W. P. No. 127 (W) of 2004, this appeal has been preferred by the respondent nos. 7 to 10, 12 to 14, 17 and 18 of the writ application, except respondent no. 7 of the writ application, who are members of the governing Body of Kanchrapara College. From the memo of appeal, it appears that three other members of the Governing Body, namely, respondent nos. 15, 16 and 19 of the writ application have been made as parties under the heading 'proforma respondent nos. 7, 8 and 9 of the appeal'.
(2.) BY the impugned judgment under appeal, learned trial Judge quashed the resolution dated 6th May, 2003 passed by the Governing Body of kanchrapara College, hereinafter referred to for brevity as 'said College', whereby a decision was passed discharging the service of writ petitioner, the Principal of the College, whose appointment was on probation on the ground of unsatisfactory service by taking as many as twenty grounds to identify the dissatisfaction of the Governing Body about the working of the writ petitioner as principal, in the said College. By the said resolution it was further decided not to extend the probationary period of further one-year. The decision was given effect to from the very evening of the said date i. e. 6th May, 2003.
(3.) THE writ petitioner while working in the post of Lecturer of a College appeared before the College Service Commission and ultimately being duly recommended by said Service Commission was appointed in the post of Principal of the said College, a College affiliated by the University of Kalyani on 7th May, 2002 as probationer. The service of the writ petitioner was under control of the west Bengal College Teachers (Security of Service) Act, 1975, hereinafter referred to as the 'said Act', whereby under Section 5, the probationary period and its consequential factors have been stipulated, which reads such: '5. Probation.- (1) A teacher appointed against a permanent vacancy shall be on probation ordinarily for a period of one year from the date of such appointment and such period of probation may at the discretion of the Governing Body be extended for a further period not exceeding one year. (2) If at any time during the period of probation the probationer's work is not considered satisfactory, the probationer shall be discharged by the Governing Body. (3) On satisfactory completion of the period of probation, a teacher shall be confirmed with effect from the date of his appointment on probation by an order in writing made by the Governing Body and the fact of such confirmation shall be communicated to such teacher: provided that if on completion of the period of probation of a teacher no such order of confirmation is passed and communicated within a period of two months of the completion of the period of probation, the teacher shall be deemed to have been confirmed with effect from the date of his appointment on probation. ';