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1998 Supreme(SC) 72

G.N.RAY, G.B.PATTANAIK
Committee Of Management Dayanand Arya Kanya Degree College, Moradabad – Appellant
Versus
Director Of Higher Education, Allahabad – Respondent


Order

Leave granted.

2. Heard learned counsel for the parties.

The short question that arises for decision of this Court in this appeal 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 because the authorised Controller­ had not accepted such resignation and the Vice Chancellor of the concerned University had also not accorded approval of the decision of the Managing Committee in accepting the resignation tendered by the said Manju Saraswat.

3. There is no dispute to the fact that Smt. Manju Saraswat tendered resignation voluntarily and till today she had not withdrawn such resignation.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 writ­proceeding in favour of



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