Sonia Narula vs National Council For Teacher Education & Anr

Petitioner while working as Under Secretary, Southern Regional Committee, with the National Council for Teacher Education (hereinafter referred

to as NCTE) at Bangalore, had tendered resignation on 17th June, 2013, which was accepted by competent authority of respondent-NCTE vide order

of 23rd April, 2014 (Annexure P-1 colly). It is the case of petitioner that in May, 2013, petitioner had suffered Disc prolapse and Multiple Fibroid

Uterus and she could not take care of herself as she was living alone at place of posting i.e. Bangalore as her family was in Delhi and so, she had

submitted a Representation seeking retransfer to Delhi on medical grounds, but the said request was neither accepted nor declined. Petitioner claims

that left with no option, she had tendered her resignation on 13th June, 2013, and it was accepted by the Chairman of respondent-NCTE without

approval from the Central Government, which is in contravention of National Council for Teacher Education (Recruitment) Regulations, 2003

(Annexure P-3).

As per Office Memorandum of 4th December, 2007(Annexure P-4), withdrawal of resignation has to be within 90 days of its submission. Petitioner

had sought withdrawal of her resignation vide letter of 23rd June, 2014 (Annexure P-18) due to improvement in her medical condition enabling her to

perform her official duties. The said request (Annexure P-18) stands declined vide impugned order of 4th March, 2015 (Annexure P-1 colly) wherein

it is indicated that the resignation could have been withdrawn on or before 16th September, 2013 i.e. within a period of 90 days of its submission and

since the application for withdrawal is of 23rd June, 2014 i.e. beyond the prescribed period of 90 days, so it has been declined.

3.It is the precise submission of petitioner’s counsel that impugned rejection of withdrawal of resignation is in contravention of Office

Memorandum (Annexure P-4) as in exceptional cases, like instant one, the request for withdrawal of resignation ought to have been entertained even

after the period of 90 days and this aspect has not been considered in the impugned order and so, impugned order (Annexure P-1) ought to be

quashed. It is also the case of petitioner that acceptance of petitioner’s resignation is patently illegal as it lacks the approval from the Central

Government as mandated by National Council for Teacher Education (Recruitment) Regulations, 2003. Despite service, there is no appearance on

behalf of first respondent.

Upon hearing and on perusal of impugned order and the material on record, it is deemed appropriate to leave the question of legality of the

acceptance of resignation open and to consider as to whether the impugned order of 4th March, 2015 (Annexure P-1 colly) refusing withdrawal of

resignation is valid or not. Since impugned order is in ignorance of Office Memorandum (Annexure P-4), therefore, it cannot be sustained and is

accordingly quashed. First respondent is directed to consider petitioner’s application (Annexure P-18) for withdrawal of resignation in light of

Office Memorandum (Annexure P-4). Petitioner is permitted to supplement the said application with documents within a week from today. In case,

first respondent chooses not to relax the time limit of 90 days, then the reasons for not doing so, be spelt out in the order passed on petitioner’s

application (Annexure P-18). Let it be so done within a period of six weeks and the fate of application be conveyed to petitioner within a week

thereafter, so that petitioner may avail of the remedies as available in law, if need be. It is made clear that in case petitioner’s application seeking

withdrawal of resignation is not accepted, then petitioner would be also at liberty to assail the acceptance of resignation on the grounds as taken in this

petition.

5.With aforesaid directions, this petition is disposed of.