MAHARAJA AGARSAIN EDUCATIONAL SOCIETY LTD Vs. MITHLESH GUPTA

JUDGEMENT

(1.) THIS writ petition impugns the judgment of the Delhi School Tribunal dated 16.3.2012. By the impugned judgment, Tribunal has held that respondent No. 1 herein was illegally removed from her services with the petitioner -school. Two issues were framed by the Tribunal pertaining to the jurisdiction of the Tribunal and also with respect to whether the resignation of the respondent No. 1 was valid in terms of Rule 114 -A of the Delhi School Education Rules, 1973. Tribunal has held that it had jurisdiction to decide the issue of alleged resignation or removal from services as contended by the employee/teacher/respondent No. 1. Tribunal qua the second issue held that respondent No. 1s resignation is not legal because there was no resolution of the Managing Committee of the petitioner -school accepting the resignation within 30 days as per Rule 114 -A of the Delhi School Education Rules, 1973. Before me, learned counsel for the petitioner has argued aforesaid two points which were urged before the Tribunal as also an additional point that there is a resolution of the Managing Committee accepting the resignation given by the respondent No. 1.

(2.) SO far as the aspect of Tribunal having jurisdiction to examine as to whether there is resignation or else an illegal removal from the school is concerned, I have recently delivered a judgment in the case of Daya Nand Adarsh Vidyalaya Vs. Deepa Chibber & Anr. W.P. (C) 1009/2012 decided on 19.9.2013 in which it is held that issue of resignation as contrarily of illegal removal of the employee/teacher can be decided by the Delhi School Tribunal. Paras 3 to 6 of the judgment in the case of Daya Nand Adarsh Vidyalaya (supra) are relevant and the same read as under :

(3.) THE next issue urged by the petitioner -school is that Tribunal could not have passed the impugned judgment without giving a finding that the letter of resignation was false/fake/fabricated/forged as was urged on behalf of the respondent No. 1. To this aspect I may note that Tribunal can always decide an issue before it on legal basis taking the issue on demurrer i.e it is permissible for the Tribunal to decide that even if the letter of resignation was not forged or fabricated or fake, yet, since the legal position required as per Rule 114 -A was not complied with, hence the resignation becomes illegal. The Tribunal has observed the following for holding illegality of resignation : <FRM>JUDGEMENT_3184_ILRDLH23_2013.htm</FRM>