# DEGREE COLLEGE, MORADABAD AND ORS v. DIRECTOR OF HIGHER EDUCATION ALLAHABAD AND ORS

- **Citation:** [1998] 1 S.C.R. 225
- **Court:** Supreme Court of India
- **Decided:** 1998-01-16
- **Case number:** Civil Appeal No. 415of1998
- **Bench:** G.N. Ray, G.B. Pattanaik
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/degree-college-moradabad-and-ors-v-director-of-higher-education-allahabad-and-15989
- **Pages:** 3

## Headnote

Service Law :
Uttar Pradesh University Act, 1913,
Section 35(3)-Principal of Degree College run by Managing
Committee-Resignation-Accepted by Managing Committee-Plea that
acceptance of resignation by Managing Committee has not become operative
B
c
as Vice Chancellor did not accord approval-Held, no such approval is D
contemplated under sub-section (3) of s.35-The ~uh-section applies when
the services of a teacher are terminated by the Managing CommitteeHowever, it will be open to the Managing Committee concerned to consider
the representation of the respondent, if made, on merits.
J.K. Cotton Spinning and Weaving Mills Co. Ltd. v. State of UP. and E
Ors., [1990) 4 SCC 27, referred to.

## Text

COMMITTEE OF MANAGEMENT DAY ANAND ARY A KANYA
A
DEGREE COLLEGE, MORADABAD AND ORS.
v.
DIRECTOR OF HIGHER EDUCATION ALLAHABAD AND ORS.
JANUARY 16, 1998
(G.N. RAY AND G.B. PATTANAIK, JJ.]
Service Law :
Uttar Pradesh University Act, 1913,
Section 35(3)-Principal of Degree College run by Managing
Committee-Resignation-Accepted by Managing Committee-Plea that
acceptance of resignation by Managing Committee has not become operative
B
c
as Vice Chancellor did not accord approval-Held, no such approval is D
contemplated under sub-section (3) of s.35-The ~uh-section applies when
the services of a teacher are terminated by the Managing CommitteeHowever, it will be open to the Managing Committee concerned to consider
the representation of the respondent, if made, on merits.
J.K. Cotton Spinning and Weaving Mills Co. Ltd. v. State of UP. and E
Ors., [1990) 4 SCC 27, referred to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 415of1998.
From the Judgment and Order dated 16.1. 95 of the Allahabad High Court
in Civil Misc. Writ Petition No. 31943/94.
S.B. Sanyal, S.K. Sethi and R.P. Saxena for the Appellants.
Vijay Bahaguna, Sashi Nandan, Satish Vig and Mr. S. Kulshreshtha for
the Respondents.
The following Order of the Court was delivered :
Leave granted.
Heard learned counsel for the parties.
F
G
The short question that arises for decision of this Court in this appeal H
225
226
SUPREME COURT REPORTS
[1998] l S.C.R.
A is whether the respondent Dr. Manju Saraswat continues as Principal of the
Dayanand Arya Kanya Degree College, Moradabad, despite the fact that she
had voluntarily tendered resignation from the said post long back. By the
impugned judgment, the High Court has held that the acceptance of the
resignation by the Managing Committee of the said college was not operative
B because the authorised Controller had not accepted such resignation and the
Vice Chancellor the concerned University had also not accorded approval of
the decision of the Managing Committee in accepting the resignation tendered
·'I
by the said Man ju Saraswat.
There is no dispute to the fact that Smt. Manju Saraswat tendered
C resignation voluntarily and till today she had not withdrawn such resignation.
There is also no dispute to the fact that at the relevant time when the
Managing Committee had accepted the said resignation, the said Managing
Committee was in office both de facto and de jure by virtue of the interim
order passed by the High Court in the writ proceeding in favour of the
Managing Committee. In the aforesaid circumstances, the High Court, in our
D view, has gone wrong in proceedings on the footing that the authorised
controller had not accepted the resignation tendered by Smt. Manju Saraswat
'"
because the authorised controller was not in office at the relevant time when
the voluntary resignation was accepted by the Managing Committee which
was lawfully discharging the duties and functions of the Managing Committee.
So far as the question of according approval by the Vice-Chancellor of the
E University is concerned, it may be pointed out that such approval is not
contemplated under sub-section 3 of Section 35 of the Uttar Pradesh University
Act, 1973 in the case of voluntary resignation by a teacher. The said subsection applies when a decision to terminate the service of t~acher whether
by way of punishment or otherwise is taken by the management. If a teacher
F
voluntarily tenders resignation and by that process withdraws from the service
on own accord, the question of termination of service does not arise. In this
connection, reference may be made to the decision of this Court in J.K.
Cotton Spinning and Weaving Mills Co. Ltd. v. State of U.P. & Ors., [1990]
4 sec 27. It has been held in the said decision that if an employee voluntarily
tenders resignation, it becomes an act of the employee who chooses to
G voluntarily give up job. Therefore, such situation will be covered by the
expression voluntary retirement within the meaning of clause I of Section 2
(a) of U .P. Industrial Disputes Act, 194 7. It has also been indicated in the said
decision that if the resignation is not voluntarily but it is tendered on account
of coersion, such resignation cannot be held to be voluntary act of the
H employee expressly deciding to withdraw from service.
COMM. OF MAN. DA YAN AND A.K.DEGREE COLL. v. DIRE. OF HIGHER EDU. 227
We have already indicated that such is not the case in this appeal. A
Therefore, there was no occasion for the Vice-Chancellor of the University to
accord approval on a decision of the management to terminate the service of
the concerned teacher. Since the Managing Committee which was lawfully in
office at the relevant point of time and had accepted the voluntary resignation,
the relationship of master and servant between the college authorities and Dr. B
Manju Saraswat had come to an end. Hence, there is no question of her
continuance in the service in the said college. Mr. Vijay Bahugana, the learned
senior counsel appearing for the respondent Dr. Man ju Saraswat, has submitted
that although such voluntary resignation was tendered by Dr. Manju Saraswat
and the same had not been withdrawn by her, on account of some
misconception, the fact remains that she had thereafter continued in service C
for long for which she had also been paid. Mr. Bahugana has submitted that
the new Management has taken charge of the said college and it will be only
appropriate if such Committee considers the case of Smt. Manju Saraswat
sympathetically. It is not necessary for this Court to make any observation
on such submission of Mr. Bahugana. It will be open to the concerned
Managing Committee to consider the representation, if made by Dr. Manju
Saraswat, on its merit. This appeal, therefore, succeeds and the impugned
order is set aside without, however, any order as to costs.
R.P.
Appeal allowed.
D