We are pleased to share that the Supreme Court of India, in Delhi Technological University v. B.S. Rawat [2026 SCC Online SC 1482], decided on 4 August 2026 by a Bench of Justices P.S. Narasimha and Alok Aradhe, has allowed the appeal filed on behalf of our client, Delhi Technological University, setting aside the Delhi High Court's direction for reinstatement of the respondent.           

The issue: Whether the acceptance of an employee's resignation by an officer lacking competent authority stands validated once ratified by the properly empowered body — here, the University's Board of Management.

The Court's key findings:

●        While the resignation had initially been accepted by an officer holding only additional charge (not the competent authority under the DTU Act), the subsequent ratification by the Board of Management related back to the original date of acceptance, curing the defect from inception.

●        Separately, the Court held that a resignation can become a consummated, irrevocable transaction where both parties have acted upon it. Here, the respondent had sought waiver of notice, accepted his relieving and settlement, and taken up fresh employment on the strength of the experience certificate issued to him, precluding him from later challenging the same transaction.

●        The Court also clarified that non-communication of an already-made acceptance does not keep a resignation "alive" for withdrawal, and that special statutory provisions can override the general right to withdraw a resignation before it takes effect.

In a connected matter arising from the Kerala High Court (involving the same respondent and NIT Calicut), the Court similarly upheld the rejection of a withdrawal request, reaffirming that reasoned, non-arbitrary exercises of discretion by competent authorities are not ordinarily open to interference under Article 226.

This judgment offers valuable clarity for educational institutions and public employers on the doctrine of ratification, the finality of consummated resignations, and the limited scope for withdrawal once statutory or regulatory conditions are engaged.