THE MANAGING COMMITTEE OF RANI DUTTA ARYA VIDYALAYA AND ANR Vs. THE DIRECTOR OF EDUCATION, GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI AND ORS.

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner no.1-school/Rani Dutta Arya Vidyalaya (hereinafter referred to as petitioner-school) impugns the order of the Director of Education dated 15.12.2004 by which the Director of Education has refused to grant approval to the petitioner-school to the resignation of the respondent no.3/Sh. Nand Kishore from the petitioner-school. Sh. Nand Kishore was working as a Head Clerk in the petitioner-school. The impugned order of the Director of Education dated 15.12.2004 reads as under:- Office of the Education Officer: Zone Xxvii: Distt.Central Skv Zeenat Mahal School Building: Kamla Market New Delhi No. EO/Zone-27/2004/3062 Dated: 15/12/04

(2.) The issue before this Court is that whether in the facts of the present case the petitioner is justified in taking the factum of resignation of the respondent no.3 from the petitioner-school given by the respondent no.3 in terms of his letter dated 15.3.2003 to be final and binding and consequently of the impugned order dated 15.12.2004 for being held as illegal and hence not binding upon the petitioner.

(3.) The issue of resignation of an employee of a school is governed by Rule 114A of the Delhi School Education Rules, 1973, and this Rule 114A reads as under:-