R.K. Agarwal and Jayashree Tiwari, JJ. - (1.) PRESENT special appeal has been filed against the judgment and order dated 30th March 2010 passed by the learned Single Judge whereby the learned Single Judge while granting time to the Counsel for the parties to exchange the pleadings and fixing a date for admission/hearing in the week commencing 26th April, 2010 and connecting along with Writ Petition No. 53516 of 2009 had stayed the operation of the order dated 20th February, 2010 passed by the District Inspector of Schools, Mainpuri. Briefly stated the facts giving rise to the present appeal are as follows: There is an educational institution, namely, Sri Varni Inter College, Mainpuri (here in after referred to as the Institution), which is recognized under the provisions of U.P. Intermediate Education Act, 1921. The payment of the salary to the teachers and other staff is being made under the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salary of Teachers and other Staff) Act, 1971. The election of the Committee of Management of the Institution was held on 30th December, 2007. One Ram Sanehi Lal Parashar claimed to have been elected as the Manager. The Regional Level Committee vide order dated 30th September, 2009 had approved the election of the Committee of Management. The decision taken by the Regional Level Committee on 30th September, 2009 was challenged by the present appellant by means of Civil Misc. Writ Petition No. 53316 of 2009 in which this Court had passed the following interim order on 14th October, 2009: Sri Rohit Upadhayay Advocate has accepted notice on behalf of respondent No. 6. He prays for and is granted a month's time to file counter -affidavit. Petitioner will have two weeks thereafter to file rejoinder affidavit. List this petition in the week commencing 23rd November, 2009. Till the next date of listing parties shall maintain status quo with regard to the management of the affairs of the institution as on date.
(2.) IT appears that the District Inspector of Schools, Mainpuri had attested the signature of Ram Sanehi Lal Parashar in the capacity of the Manager of the Institution vide order dated 3rd October, 2009. The present appellant had challenged the order dated 3rd October, 2009 by filing Civil Misc. Writ Petition No. 59072 of 2009. The said writ petition was dismissed by this Court vide judgment and order dated 6th November, 2009. The Court had passed the following order: Heard learned Counsel for the petitioner and Sri Neeraj Upadhyay learned Counsel appearing on behalf of respondent No. 6. I do not find any merit in this petition. It is accordingly dismissed. Against the aforesaid order, the present appellant preferred a special appeal before this Court being Special Appeal (Defective) No. 89 of 2010. The appellant withdrew the writ petition as also the special appeal and got it dismissed as withdrawn vide judgment and order dated 28th January, 2010 which is as follows: Mr. K. Ajit appearing on behalf of the appellant prays for withdrawal of Civil Misc. Writ Petition No. 59072 of 2009 as also this special appeal. Respondent No. 6 is represented by Mr. Neeraj Upadhyay. Accordingly, both the appeal as also the writ application stand dismissed as withdrawn.
(3.) THEREAFTER the District Inspector of Schools, Mainpuri vide order dated 30th December, 2009 clarified that Ram Sanehi Lal Parashar in the capacity of the Manager shall operate the salary account of the Institution since his signature had been attested by him on 3rd October, 2009. The present appellant filed a contempt petition being Contempt Petition (Civil) No. 141 of 2010 in which the Court had passed the following order on 13th January, 2010: It is alleged that the order dated 14.10.2009 passed by this Court has been violated. From a perusal of the petition, a prima facie case is made out. Issue notice to opposite parties fixing a date in the week commencing 15.2.2010. The opposite parties need not appear at this stage. The counter -affidavit may be filed within the aforesaid period or else charges may be framed after summoning the notice. However, one more opportunity is granted to the opposite parties to comply with the order within a month. The office may send a copy of this order along with the notice.;