The Vice-Chancellor holding additional charge is not competent to exercise statutory powers vested in a full-fledged incumbent of the post.

JUDGMENT

Jyoti Singh, J. - Present writ petition has been filed by the Petitioner seeking a declaration that a Vice-Chancellor holding additional charge is not competent to exercise statutory powers. Petitioner also seeks issuance of a writ of certiorari quashing order dated 25.05.2016, whereby resignation of the Petitioner was accepted and the consequential order dated 31.05.2016, relieving the Petitioner from his duties. Challenge is also laid to order dated 03.11.2016, whereby request of the Petitioner for withdrawal of resignation was rejected by the Respondent.

2. Brief narrative of facts, as set out in the writ petition, is that Petitioner joined as Assistant Registrar with the Respondent/Delhi Technological University on 23.08.2010. On 19.05.2016, Petitioner tendered his resignation, which was accepted by Professor Yogesh Singh on 22.05.2016 and a formal order was issued on 25.05.2016. Professor Yogesh Singh had assumed additional charge as a Vice-Chancellor of Respondent University on 24.09.2015. Petitioner was thereafter relieved from the services of the Respondent on 31.05.2016. On 14.07.2016, Professor Yogesh Singh joined as a whole-time salaried Vice-Chancellor of the Respondent University.

3. Petitioner withdrew his resignation on 22.09.2016, on the ground that the same was neither accepted nor ratified by the Competent Authority. Vide order dated 03.11.2016, request of the Petitioner for withdrawal of resignation was rejected by the Respondent and aggrieved by the said action, Petitioner approached this Court by filing the present writ petition.

CONTENTIONS OF THE PETITIONER

4. Resignation tendered by the Petitioner was not accepted by the Competent Authority and there being no acceptance in the eyes of law, resignation could be legally withdrawn by the Petitioner. As per Section 23(2)(ix) of the Delhi Technological University Act, 2009 (hereinafter referred to as DTU Act), the Board of Management (hereinafter referred to as BOM) has the power to appoint persons to teaching, administrative and ministerial posts. Under Statute 10(2)(i) of the Delhi Technological University (First) Statutes, 2009 (hereinafter referred to as First Statutes), BOM is empowered to make appointments of non-teaching staff, as may be necessary, on the recommendation of a Selection Committee. Therefore, by virtue of both these statutory provisions, Competent Authority to accept resignation is only the BOM, i.e. Appointing Authority and a person holding additional charge as Vice-Chancellor had no power to accept the resignation of the Petitioner. In a nutshell, the contention is that it is only the Appointing Authority, which is competent to accept resignation and thus, the order accepting resignation of the Petitioner is without jurisdiction and void ab initio.

5. Reading of the impugned order dated 25.05.2016 reflects that the resignation was allegedly accepted by the Vice-Chancellor and Chairman, BOM, which is incorrect, since Professor Yogesh Singh was neither the Vice-Chancellor nor the Chairman, BOM on the date of acceptance of the resignation. As per amended Section 22(2) of the DTU Act, amended vide Section 2 of the DTU (Amendment) Act, 2012, Chairperson of the BOM is to be nominated by the Chancellor and shall be an eminent educationalist/scientist/engineer/technologist/industrialist. In the present case, Chancellor had not nominated Professor Yogesh Singh as a Chairperson of the BOM and thus, he had no authority to accept the resignation.

6. Reference to the acceptance of resignation by a Vice-Chancellor in the impugned order is also per se false and illegal, inasmuch as Professor Yogesh Singh was not a Vice-Chancellor on the date of acceptance of resignation, i.e. 22.05.2016. Under Statute 3(B)(1) of the First Statutes, Vice-Chancellor shall be a whole-time salaried officer of the University. Professor Yogesh Singh had joined as a whole-time salaried Vice-Chancellor of the Respondent only on 14.07.2016, i.e. after the date of acceptance