M.Katju, D.R.Chaudhary,JJ. - (1.) Heard Sri Sudhanshu Dhulia, learned counsel for the petitioner and Sri B. D. Shukla, learned counsel for the respondent No. 1 as well as learned Standing Counsel.
(2.) The petitioner was lecturer in Mathematics in Kumaon Engineering College. Dwarhat, District Almora- He submitted his resignation dated 6.9.1993 vide Annexure-8 to the writ petition, but he has alleged In paragraph 17 of the writ petition that he withdrew that resignation by Registered letter dated 10.9.1993 Annexure-9 to the writ petition. it has been further alleged in paragraph 27 of the writ petition that the resignation was accepted on 17.1.1994. The allegation in paragraph 17 of the writ petition that the petitioner had withdrawn his resignation letter dated 6.9.1993 by his subsequent letter dated 10.9.1993 is not denied. in paragraph 16 to the counter-affidavit, all that is stated is that paragraphs 17 and 18 of the writ petition are matters of record and hence need no reply. Thus the short submission of the learned counsel for the petitioner is that the petitioner had withdrawn his resignation before it was accepted.
(3.) Learned counsel for the petitioner has shown us the Model Bye Laws for Engineering College/institutes of U. P. in Bye Law No. 3 of the same it is provided as follows : "3. Appointments : (1) All appointments to posts under the College/institute shall be made : (2) By the Principal/Director, if the maximum of the scale does not exceed Rs. 3,500 and (3) By the Board in other cases.";