A.P.SAHI, J. - (1.) HEARD Sri Hemant Kumar - learned Counsel for the petitioner and Sri Ankur Goel holding brief of Smt. Sunita Agrawal - learned Counsel for the University.
(2.) ON behalf of respondents, a counter -affidavit has been filed sworn by Sri A.A. Khan, Personal Assistant in the legal section of Aligarh Muslim University. The challenge in the present petition is to the order dated 29.9.2005 passed by the Vice Chancellor, Aligarh Muslim University, Aligarh, whereby the petitioner's alleged resignation is sought to be accepted from the post of Senior Lab. Assistant in Dental College of the University w.e.f. 16.7.2005. The principal ground of attack to the aforesaid order is that the petitioner out of disgust had written the words 'I have resigned' but she sent a letter to the Registrar on 21.7.2005 to the effect that the aforesaid resignation tendered by her be not accepted and be treated as withdrawn. The petitioner also contends that she sent an application on 19.8.2005 to the Principal of the Dental College, Aligarh Muslim University, Aligarh, which was also to the same effect. The petitioner contends that once she had withdrawn her resignation, there was no question of the same being accepted by the Vice Chancellor by the impugned order on 29.9.2005.
(3.) THE aforesaid fact of dispatch of the letter withdrawing the resignation has been admitted in paras 10 and 11 of the counter -affidavit filed on behalf of the respondent - University. However, the University further has taken a stand that the recommendations came to be accepted by the Vice Chancellor and since the petitioner is a non -teaching employee of the institution and since she is an ad hoc employee, therefore, she had no right to withdraw the resignation and the resignation became complete as and when it was tendered by the petitioner.;