KPP -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 68 OF 2011 IN LETTERS PATENT APPEAL NO. 49 OF 2011 IN WRIT PETITION NO. 9677 OF 2010 Solapur University ...Applicant vs. Shri Sharad Shankar Pawar and another ..Respondents WITH CIVIL APPLICATION NOS. 69 AND 70 IN LETTERS PATENT APPEAL NOS. 50 AND 51 OF 2011 Mr. P.N. Joshi with Mr. I.M. Khairdi for the appellant. Mr. N.V. Bandiwadekar for respondent No.1. Mr. A.D. Kango, AGP, for respondent No.2. CORAM: P.B. MAJMUDAR & A.A. SAYED , JJ. DATE: JUNE 20, 2011. P.C. Rule. Learned counsel appearing for respondent No.1 and the learned AGP, appear and waive service of Rule. Heard the learned counsel appearing for the parties. 2. In our view, whether at the end of probation period, respondent No. 1’s services can be terminated on the ground of non-satisfactory performance is a question which requires consideration in these appeals. We have already KPP -2- fixed the main Appeals for final hearing. In our view, during the pendency of the appeals, the impugned order passed by the University and College Tribunal is required to be stayed. Therefore, during the pendency of the appeals, the impugned order shall remain stayed. Rule is made absolute accordingly in the aforesaid terms. 3. If any appointment is made in the meanwhile, the same shall be subject to the result of these Appeals so that in case the Appeals are dismissed, the selected employees may have to go home. Therefore, in the appointment order it should be expressly provided that the appointment is subject to the result of the Appeals. P. B. MAJMUDAR, J. A.A. SAYED, J.