MODERN SCHOOL versus SHASHI PAL SHARMA AND ORS.

Citation: [2007] 10 S.C.R. 76 · Decided: 18-09-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
MODERN SCHOOL 
v. 
1 
SHASHI PAL SHARMA AND ORS. 
SEPTEMBER 18, 2007 
B 
[S.B. SINHA AND H.S. BEDI, JJ.] 
Education/Educational institutions: 
c 
Delhi School Education Act, 197 3-s. l l 4A-Delhi School 
Education Rules, l 973-s. l l 4(a)-Teacher submitted resignation on 
17-03-1997-Resignation accepted by school on l 9-03-l 997~Teacher 
directed to be relieved of his duties w.e.f 17-06-1997-Writ petition 
by teacher pleading that acceptance of resignation was illegal as he 
D had withdrawn the resignation on 18-03-1997-Finding of fact by 
Single Judge of High Court that the purported letter of withdrawal 
dated 18-03-1997 was not received by school-Writ petition filed by 
,..,. 
teacher accordingly dismissed-Division Bench of High Court did not 
interfere with such finding of fact, however held that as the teacher 
E was to be relieved w.ef 17-06-1997, he could have withdrawn his 
resignation on any day prior thereto and as he had withdrawn his 
resignation prior to 17-06-1997, the question of acceptance of his 
resignation by school did not arise-Propriety of-Held, not proper-
Acceptance of the resignation was not made effective from any future 
F date-Resignation having been accepted, only because the teacher was 
to be relieved w. ef 17-06-1997 that did not mean that even thereafter 
it was open to him to withdraw his resignation-In fact, if the letter 
dated 18-03-1997 is excluded.from consideration, the teacher had not 
withdrawn his resignation at all-Service Law-Resignation-
G Withdrawal of 
First Respondent, teacher, submitted his resignation to 
Appellant school on 17-03-1997. The resignation was accepted by 
the Managing Committee of Appellant school on 19-03-1997 vide a 
resolution passed through circulation. By a subsequent letter, 
H Appellant informed First Respondent about the acceptance of his 
76 
_J 
MODERN SCHOOL v. SHASHI PAL SHARMA 
77 
resignation. In terms of the said letter, First Respondent was to be A 
> 
relieved w.e.f. 17-06-1997. On receipt of the said letter, First 
Respondent sent letter dated 15-05-1997 alongwith a letter dated 
18-03-1997, indicating withdrawal ofresignation, as also a telegram 
dated 14-05-1997, and on that ground contending that the 
acceptance of his resignation was illegal and invalid. Subsequently, B 
First Respondent filed a writ petition. 
A Single Judge of the High Court on perusal of the original 
_J 
records of Appellant school arrived at the finding that the purported 
letter dated 18-03-1997 was never received by Appellant-school and c 
accordingly dismissed the writ petition. Division Bench of the High 
Court did not interfere with the finding of fact arrived at by the Single 
Judge regarding the purported letter dated 18-03-1997, however, set 
aside the order of the Single Judge holding that as the First 
Respondent was to be relieved with effect from 17-06-1997, he could 
I 
have withdrawn his resignation on any day prior thereto and as he D 
had withdrawn his resignation prior to 17-06-1997, the question of 
acceptance of his resignation by the Appellant did not arise. Hence 
the present appeal. 
Allowing the appeal, the Court 
E 
HELD:l.1. The terms and conditions of the service of the First 
Respondent are governed by the provisions of the Delhi School 
Education Act, 1973 and the rules framed thereunder. If resignation 
is submitted by an employee of a recognised school, it is obligatory 
on the part of the Managing Committee of the school to accept the F 
same within a period of 30 days from the receipt of the letter. 
(Para 13] (84-E-F) 
1.2. The Managing Committee of the appellant-School accepted 
the resignation submitted by the First Respondent on 19-03-1997. G 
Acceptance of the said resignation was, however, subject to the 
approval of the Director of Education. The Director of Education 
did not communicate his decision in regard to approval or refusal 
thereof within a period of30 days from the date ofreceipt of the said 
letter and in that view of the matter, subject of course to the H 
78 
SUPREME COURT REPORTS 
[2007] 10 S.C.R. 
A withdrawal of the resignation by the concerned employee, the 
approval would be deemed to have been accorded. 
B 
[Para 14] [84-G, H; 85-A] 
1.3. Resignation submitted by the First Respondent could be 
withdrawn by him before its acceptance. Such acceptance of 
resignation was to be made within a period of one month. As 
acceptance of the resignation of the First Respondent was 
communicated to him within a

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