- (1.) Heard Sri S. K. Singh, learned counsel for the applicant.
(2.) The applicant, Gyanesh Kumar has alleged contempt by saying that the Assistant District Inspector of Schools/Authorized Controller (opposite party No. 2) has disobeyed the order dated 29.09.2010 passed in Special Appeal No. 1583 of 2010 (Gyanesh Kumar v. State of U. P. and others) when he has passed the order dated 10.3.2011, whereby he has directed one Assistant Teacher Sri Rajeshwar, who was selected by the Commission to take charge as officiating principal of the Institution. Learned counsel submits that the applicant had filed Writ Petition No. 52166 of 2010 (Gyanesh Kumar v. State of U. P. and others), which was dismissed by the judgement dated 27.8.2010. He states that the applicant filed Special Appeal No. 1583 of 2010 (Gyanesh Kumar v. State of U. P. and others), wherein by an interim order dated 29.9.2010 status-quo was required to be maintained by the parties until further orders. According to learned counsel, the opposite party No. 2 has clearly violated the interim order passed in the Special Appeal when the opposite party No. 2 has directed to handover charge of officiating principal to Sri Rajeshwar, opposite party No. 4 herein.
(3.) Having perused the record, it will be seen that a Contempt Petition No. 5362 of 2010 (Gyanesh Kumar v. Ravindra Singh, District Inspector of Schools, Ghaziabad) was filed by the applicant, wherein the contempt petition was dismissed by the order dated 22.11.2010 by clearly holding as quoted hereunder:- "I have considered the submissions of the applicant and perused the record. From the letter of the District Inspector of Schools dated 08.11.2010 it appears that signature of one Rajeshwar as officiating Principal has already been attested vide its order dated 12.08.2010, before the date when the division bench of this Court has passed the order. In case, the signature of the applicant is not being attested as officiating Principal by the District Inspector of Schools, the remedy to the applicant is to make an application before the special appellate court or to any authority, but as it was only an order of status quo, therefore, in my opinion, in case the District Inspector of Schools is not attesting the signature of the applicant as submitted, it cannot be said that the opposite party is in violation of the order passed by this Court. Therefore, this petition cannot be entertained and is hereby dismissed. " ;