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(1). The petitioner - an Assistant Professor in the Indian Institute of Science Education and Research, Mohali (in short, 'the IISER') seeks quashing of the orders dated 17.06.2010 (Annexure P6) and 15.11.2010 (Annexure P10) whereby his resignation from service, to be effective w.e.f. 30.04.2011, has been accepted by the Director of the Institute and the Board of Governors have ratified the same despite the withdrawal of his resignation by the petitioner before such ratification.

CWP No.21817 of 2010.doc -2-

(2). The IISER is an Institute of excellence in the field of Research and Science and was established by the Union of India, Ministry of Human Resources Development in the year 2006. The Institute imparts Postgraduate and Research Programmes in Basic Sciences.

(3). The petitioner on the recommendations made by the Selection Committee which were duly approved by the Chairman/Board of Governors of IISER, was offered appointment to the post of Assistant Professor vide order dated February 24, 2008 followed by a formal appointment letter dated June 16, 2008 (Annexure R4/1) containing the following relevant terms and conditions:- 

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(4).                 When the petitioner was about to complete one year of
his service, the Director of the Institute vide memo dated January 13, 2009 (Annexure P2) asked him to furnish the following information "in order to take up the confirmation in the present position..."
xxx xxx xxx xxx "1. Teaching Contribution at IISER Mohali

xxx xxx xxx xxx "Briefly, Dr. Tapan K. Mukherjee was appointed as Assistant Professor on probation for a period of one year vide Ref.No.IISER/07-08/Faculty/.533 dated 24.02.08. He joined on 29.2.08. The period of probation was extended for one year on disciplinary grounds till 28.02.2010 (subject to further review) vide letter No.IISER/09/DIR/355 dated 26.05.09. The work and conduct even during the extended period was not found satisfactory. His services were to be terminated. Under the circumstances, Dr. Mukherjee offered to resign, but wanted one year time to complete his pending work. Therefore, his resignation from the post of Asstt. Professor, w.e.f. 30.04.2011 was accepted by the Institute vide letter No.IISER/10/DIR/961 dated 17.06.2010."