The Delhi High Court has dismissed a professor’s plea to rejoin Jamia Milia Islamia after his resignation. As the resignation of petitioner Moharram Ali Khan was accepted by the authorities, hence there is no merit in the petition. And he cannot be allowed to rejoin his duties, said the single-judge bench of Justice V. Kameswar Rao.
“The only issue which arises for consideration is whether the respondent University could have allowed the petitioner to re-join his duties as Professor (Mathematics). Initially the petitioner had applied for Extra Ordinary Leave (EOL) but the same was rejected vide order dated August 20, 2010. It is also seen that his alleged meeting with the Vice-Chancellor of the University did not bear any fruits. He being keen to join his assignment in Saudi Arabia had in the alternative made a request to resign from the post of Professor (Mathematics). It is the said request of the petitioner dated September 21, 2010, which was accepted by the competent authority, and an office order of September 29, 2010, was issued relieving the petitioner from the services of the University w.e.f. September 22, 2010.”
“If the request of the petitioner for EOL was rejected, he could not have left the University for taking the assignment in Saudi Arabia. He should have at least made inquiries about his resignation, before leaving for Saudi Arabia. A resignation once accepted cannot be taken back,” the bench noted.
Naginder Benipal, the counsel for the petitioner, submitted the petitioner had met the Vice Chancellor of the respondent University, who had observed that the request of the petitioner for Extra Ordinary Leave (EOL) shall be favourably considered. According to Benipal, after completing one year of contract service in Saudi Arabia, the petitioner came back to India on August 25, 2011, and reported for duty at the University. But his request for joining was not acceded to, which resulted in the filing of the present petition.
“Inaction on the part of the University by not allowing the petitioner to join the duties on the ground that the petitioner had resigned from the post before going to Saudi Arabia is untenable as no such order was ever communicated to the petitioner nor the petitioner has followed the process of handing over the charge to the successor,” Benipal submitted further.
“The petitioner voluntarily left for Saudi Arabia, despite the petitioner’s request for EOL having been rejected. So, his departure Saudi Arabia is for the reason that he had tendered his resignation. Having submitted his resignation with open eyes he cannot contest the same today. The request of the petitioner for rejoining his post in the University was also rejected,” said the bench.
Per contra, Fuzail Ahmad Ayyubi, Standing Counsel for the respondent University, submitted that the petitioner, though sought EOL alternatively expressed his desire to resign from the post of Professor (Mathematics). The said request of the petitioner was accepted by the competent authority as is seen from the notings on the letter dated September 21, 2010, of the petitioner, and pursuant thereto an office order dated September 29, 2010, was also issued accepting the request of the petitioner to resign.
During the hearing, the Court had asked Benipal, the current status of the petitioner as it was noted by the Court that the petitioner is pursuing the present petition through his attorney, namely S. Saqib Khan, his son. The Court was informed that the petitioner is in employment in Nigeria w.e.f. 2013.
The court observed, “The petitioner has resigned which request having been accepted, he cannot be allowed to rejoin his duties. In the facts of this case, I do not see any merit in the petition. The same is dismissed.”
According to the petition, the petitioner joined the respondent University as Professor in Mathematics in 2007. While working so, he, on February 17, 2010, applied for the post of Professor in King Abdulaziz University, Saudi Arabia, for which he sought ‘No Objection Certificate’/grant of Extra Ordinary Leave (‘EOL’, for short) from the University. The request of the petitioner for EOL was not acceded to in terms of the letter dated August 20, 2010.