Bombay High Court
Tapas SenguptaversusUniversal AI University
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the petitioner had resigned and the resignation was accepted, so there was no termination of service and the petition was dismissed.
Summary
The petitioner, Tapas Sengupta, filed a writ petition under Article 226 seeking to quash a termination letter dated 4 September 2025, alleging it was illegal, arbitrary, and violative of natural justice, and requested continuation of salary. The respondents, including Universal AI University, contended that the petitioner had submitted his resignation on 30 September 2025, which was accepted by the university. The court examined the resignation and acceptance order (Exhibit‑V) and found that the petitioner’s services were not terminated but ended by his own resignation. Consequently, the court held that no further adjudication on the termination was required and directed the respondents to pay any statutory dues within four weeks. The petition was disposed without costs.
Issues considered
- Whether the termination letter dated 4 September 2025 is valid or whether the petitioner had resigned and his resignation was accepted
- Whether the petitioner is entitled to reliefs such as a writ of mandamus, continuation of salary, and declaration of illegal termination
- Whether any statutory dues are payable to the petitioner upon acceptance of his resignation
Subjects
- termination of service
- resignation
- natural justice
- writ of mandamus
- Article 226
- employment law
- statutory dues
Judgment
Digitally signed
by PRAJAKTA
PRAJAKTA SAGAR
SAGAR VARTAK
VARTAK Date:
2026.08.28
908-WP 185-26.DOC
19:51:51 +0530
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 185 OF 2026
Tapas Sengupta ...Petitioner
Vs.
Universal AI University & Ors. ...Respondents
_________
Mr. Aseem Naphade with Ms. Mrunmayi Kotawadekar, Ms. Ruchika Indalkar,
Ms. Khushboo Aggarwal and Ms. Deepanjali for Petitioner.
Mr. T. R. Yadav with Ms. Divya Wadekar and Ms. Mulanshu Vora for
Respondent Nos.1, 2 & 5.
Mr. Jainendra Sheth i/b. Mr. Rui Rodrigues for Respondent No.3.
Mr. Prashant Kamble, AGP for State.
__________
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 25 AUGUST 2026
P.C.
1. We have heard learned counsel for the parties.
2. This writ petition under Article 226 of the Constitution of India is filed
praying for the following reliefs:-
“a) Issue a writ of Mandamus or any other appropriate writ, order or
direction in the nature thereof under Article 226, calling for the records
pertaining to the impugned termination letter dated 4th September 2025
issued by the Chief Human Resources Officer of Respondent No. 1, and
after examining the legality, propriety and validity thereof, be pleased to
quash and set aside the same.
b) That this Hon'ble court be pleased to declare that the impugned
termination of the Petitioner's services is illegal, arbitrary, and violative
of the principles of natural justice, and that the same was actuated by
mala fides and victimization.
c) That during the pendency of these proceedings, and in the event
the termination is held to be illegal or unjustified, to pay the Petitioner
salary and all consequential benefits for the remaining period of his
contractual employment.
d) That pending the hearing of this petition this Hon'ble Court be
pleased to direct the Respondent No. 1 University to continue payment
of the Petitioner's salary and benefits.”
Page 1 of 2
25 August 2026
908-WP 185-26.DOC
3. As there is consensus between the parties that the petitioner is deemed to
have submitted his resignation on 30 September 2025, and that the same would
stand accepted by the respondents in terms of the relieving/acceptance order
dated 30 September 2025 (Exhibit-V, page 115 of the paper-book), the
respondent having accepted the petitioner’s resignation, there is no termination of
the petitioner’s services.
4. In this view of the matter, further adjudication of the petition is not called
for. In the event any statutory dues have become due and payable to the
petitioner on the petitioner being relieved pursuant to acceptance of his
resignation, the same be paid to the petitioner within a period of four weeks from
today.
5. Disposed of in the aforesaid terms. No costs.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
Page 2 of 2
25 August 2026
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