Augustine George Masih, J. - (1.) THROUGH this writ petition the Petitioner is paying for issuance of a writ of certiorari to quash the order dated 13th April, 2007 Annexure P -7 passed by the Director, Secondary Education, Haryana Respondent No. 2, - -vide which order dated 3rd June, 2005 passed by the District Eduction Officer, Kaithal, Respondent No. 3 has been set aside.
(2.) THE case of the Petitioner is that he was appoinated as Social Studies Master by duly constituted Selection Committee in Hindu Senior Secondary School, Kaithal, which is a Government aided private school. The Petitioner was appointed, - -vide letter dated 30th July, 2000. During the period of probation, - -vide order dated 3rd June, 2003 the services of the Petitioner were terminated by the Management of the Hindu Senior Secondary School, Kaithal. On the date of his appointment Haryana Aided School (Security of Service) Act 1971 (hereinafter referred to as 1971 Act) and Haryana Aided School (Security of Service) Rules, 1974 (hereinafter referred to as 1974 Rules) were applicable. However, - -vide notification dated 30th July, 2001, the Haryana School Education Act, 1995 was enforced. Section 25 of the said Act provided for repealing of the earlier Act which reads as follows: 25. The Haryana Aided Schools (Security of Service) Act 1971 (Haryana Act No. lO of 1971) is hereby repealed. Under Section 8 of the Haryana School Education Act, 1995, no employee can be terminated from service except with the prior approval of the Director or his nominee. Section 8(2) of the Haryana School Education Act 1995 reads as follows: 8(2) . Subject to any rules that may be made in this behalf, no employee of a recognized private aided schools shall be dismissed, removed, reduced in rank nor shall his services otherwise terminated except with the prior approval of the Director or his nominee: Provided that this section shall not apply where employee is dismissed, removed or reduced in rank on the ground of conduct which had led his conviction on a criminal charge involving moral turpitude.
(3.) UNDER the Haryana School Education Act, 1995 (hereinafter referred to as 1995 Act) the State of Haryana framed Haryana School Education Rules, 2003 (hereinafter referred to as 2003 Rules) which were notified on 30th April, 2003. Rule 87 of the said rules deals with cases of probation which reads as follows: 87. Every employee shall on initial appointment, be on probation for a period of one year which may be extended by the appointing authority for another one year and services of an employee may be terminated during the period of probation if the work and conduct of the employee, during the said period, is not in the opinion of the appointing authority, satisfactory. In such cases speaking orders shall be made by the appointing authority: Provided that no temination from the service of an employee on probation shall be made by a school, except with the prior approval of the Department. If the work and conduct of an employee during the period of probation is found to be satisfactory, he shall be, on the expiry of the period of probation of the extended period of probation, as the case may be, confirmed with effect from the date of expiry of the said period.;