"Resignation Once Accepted Cannot Be Taken Back": Delhi High Court Dismisses Professor's Plea For Rejoining Jamia Milia Islamia

Observing that a resignation once accepted cannot be taken back, the Delhi High Court on Monday dismissed the plea filed by a former Professor of the Jamia Milia Islamia University, seeking to rejoin the duty after one year of tendering his resignation.

Justice V Kameswar Rao dismissed the plea of Moharram Ali Khan, who was appointed as a professor of Mathematics at JMI in 2007.

Khan had sought directions on the University to permit him to re-join his duty as professor in the Centre for Interdisciplinary Research in Basic Sciences of JMI. He had returned to India after one year of service at a University in Saudi Arabia.

The petitioner on February 17, 2010 applied for the post of Professor in King Abdulaziz University, Saudi Arabia. It was his case that after completing one year of contract service there, he came back to India on August 25, 2011 and reported for duty at the University, however, his request for joining was not acceded to by the authorities.

The petition was thus filed praying for a declaration that action of University in depriving him of the benefit of his job was illegal, arbitrary and violative his fundamental right as enshrined under Article 19(1)(g) of the Constitution of India. 

The counsel appearing for JMI however pointed out that despite the petitioner's request for Extraordinary Leave being rejected, he departed to Saudi Arabia for the reason that he had tendered his resignation. Having submitted his resignation with open eyes he cannot contest the same today.

This was contested by the Petitioner who submitted that no such order (of acceptance of resignation) was ever communicated to him nor has he followed the process of handing over the charge to the successor.

The Court noted,

"...the request of the petitioner for EOL (Extra Ordinary Leave) 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." 

During the course of hearing, the Court had asked the petitioner's counsel as to his current status of employment to which it was responded that he was in employment in Nigeria from 2013.

"In any case, I find that 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," the Court said while dismissing the plea. 

Case Title: MOHARRAM ALI KHAN v. JAMIA MILIA ISLAMIA & ORS.

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