requires a particular act to be done in a particular manner, it has to be done in that manner or not at all. Where, therefore, Rule 114A of the DSE Rules requires the resignation, submitted by an employee, to be accepted, within 30 days by the managing committee, with the approval of the Director, that, and that alone, is the manner in which resignation, of an employee, could be accepted, and no other manner of acceptance of resignation is tolerable in law. It is, apparently, in awareness of this legal position that the school has attempted to submit that the purported letter of resignation, dated 10th August, 2011, allegedly tendered by the respondent on 11th August, 2011 was accepted on the very same day. Even so, it is a conceded position, even in the writ petition, that this acceptance was not by the managing committee with the approval of the Director. It is no answer to the command of Rule 114A of the DSE Rules, to contend that, because of the extenuating circumstances in which the petitioner claimed to have found itself, it decided, suo motu, that the resignation of the respondent would orally be accepted by the principal, without involving either the managing committee or the Director of Education. Such acceptance of resignation is no acceptance in law. Inasmuch as, within a period of 30 days from 10th August, 2011, the purported resignation, of the respondent, was never accepted by the school, in a manner postulated by Rule 114A of the DSE Rules, the inevitable consequence, in law, would be that there is in fact, been no valid acceptance of the respondent‘s resignation – assuming such resignation was ever tendered – in law.
