Forced Resignation – School Teacher – MEPS Act & Rules

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977

Mere reading of Section 7 of the said Act, makes it clear that it is a mandate given to the employee that he/she shall draw a letter in duplicate for resignation, sign both the copies and put a date thereon and then forward one copy to the Management by ‘registered post’ and keep other copy with him. If the Petitioner chooses to deviate from this mandate of law, then she cannot contend that non-compliance of Section 7 has to be interpreted against the Management.

Rule 40(2) clearly provides that if the Management allows an employee to leave service earlier without due notice or without making payment, a proportionate amount of pay in lieu of notice shall be deducted from the grant payable to the school. This is more than sufficient indication that even if resignation is accepted prior to notice period or without pay, it does not render the acceptance of resignation illegal per se. It only results in the school not getting the grant for one month period in case of non permanent to employee.

Judgment dated 24.6.2026 of the High Court of Bombay (AS) in Writ Petition No.3028 of 2003 of Smt. Susheela Srinivasan  Vs.  Vidya Prasarak Mandal and others

Acceptance of resignation before expiry of the notice period does not render the acceptance illegal in view of Rule 40of the MEPS Rules.   The consequence under Rule 40 may relate to grant of deductions, not invalidity of the resignation.

A School Teacher who does not adhere to Section 7 MEPS Act procedure will lose the statutory protection of the said provision in the matter of resignation.

Bombay HC – Withdrawal of Resignation After Acceptance Ineffective – MEPS Act

Bombay HC – School Techer Cannot Challenge Resignation Acceptance for non-compliance of procedure under section 7 of the MEPS Act.