Arindam Sinha, J. - (1.) Under challenge in this writ petition are communications both dated 21st April, 2017 made by Presidency University, separately to petitioners, text of which, being identical, is reproduced below :- "I am directed to inform you that your performance during the probationary period of service has been found unsatisfactory. It has been decided not to further extend your period of probation which will expire on 26.05.2017 and not to confirm your service. Therefore you are discharged from your probationary service of the Presidency University, Kolkata, forthwith."
(2.) Mr. Oja, learned advocate appeared on behalf of petitioners and drew attention to their also identically worded letters of appointment from which following is extracted :- "Your service with the University will be governed by its service rules and this includes a probation period of one year from the date of joining this University."
(3.) Mr. Ojha relied on judgment of a learned single Judge of this Court in Ashok Kumar Singh vs. Vijaya Bank & Ors., 2013 LabIC 656. He relied on paragraphs 24 and 30 to submit, his clients are similarly situate as petitioner in that case. They have not been served, at any point of time, any communication pointing out defect in their work or deficiency, to give them opportunity to rectify their shortcomings. He submitted, in that case a judgment of Supreme Court was relied upon, which he relied upon as well. It is Dr. Mrs. Sumati P. Shere versus Union of India (UOI) and Ors., 1989 AIR(SC) 1431, as also . He placed paragraph 5 of said judgment and submitted, the University in terminating probationary services of his clients acted arbitrarily in the facts and circumstances. He also relied on another judgment of Supreme Court in Coimbatore District Central Cooperative Bank versus Coimbatore District Central Cooperative Bank Employees Assn. and Another, 2007 4 SCC 669, paragraph 20. He submitted, there is lack of proportionality on part of the University in terminating his clients' probationary service. In event their services were found to be deficient or there was otherwise unsuitability, it would have been proportional on part of the University to notify his clients. Termination orders are wholly out of proportion.;