Bombay HC Slams 7-Year Probation Of Assistant Professor At Bhartiya Vidya Bhavan, Terms It ‘Exploitation’

Mumbai: The Bombay High Court has upheld the appointment of an assistant professor at Bhartiya Vidya Bhavan’s Mumbadevi Adarsh Sanskrit Mahavidyalay, terming her nearly seven-year-long probation period as “exploitation” and “shocking” to judicial conscience.

A bench of Justices Ravindra Ghuge and Ashwin Bhobe on May 6 criticised the institution for its conduct, particularly given its Gandhian roots.

The Court noted: “अमृतम तू वि द्या is the motto of the Employer of the Petitioner, i.e., Bhartiya Vidya Bhavan. On its letterhead, it is mentioned as founded with the blessings of Mahatma Gandhi”.

“If this college is to function, inspired by the teachings of the ‘Mahatma’, we would expect every employee to be treated fairly and there ought not to be any exploitation,” the bench added.

The petitioner, Reshu Singh, was appointed Assistant Professor in English on June 20, 2018, on a two-year probation governed by Rashtriya Sanskrit Sansthan rules. Despite completing probation in April 2020 without any adverse remarks or performance issues, Singh received no confirmation or communication.

She sent multiple emails from April to October 2021 and later filed a formal representation, but her requests went unanswered. Although the college principal referred the matter to the Managing Committee, and its Chairman informed the administration in December 2021 that her confirmation could proceed, no letter was issued. Singh then approached the High Court.

Her senior counsel cited Clause 11.3 of the UGC Regulations, 2018, which mandates confirmation within 45 days of completing probation, subject to performance review. He pointed out that no extension was communicated, and no negative feedback existed.

While the college admitted Singh had continued working and that approval had been granted internally, it claimed the delay was due to lack of formal approval. The Court dismissed this claim, stating: “This contention runs counter to the communication of the Chairman… A submission by the Management against the records can neither be countenanced, nor can be appreciated.”

The Court directed the college to issue her confirmation letter with retrospective effect from June 20, 2020, and grant all consequential benefits, including five non-compoundable advance increments for holding a Ph.D. at the time of appointment.

Calling it an “open and shut case,” the Court concluded that Singh had been unfairly denied confirmation.