- (1.) Heard learned counsel for the appellant and Sri V. C. Mishra, learned Senior Counsel assisted by Sri K. N. Mishra, learned counsel for the respondent.
(2.) The Contempt Appeal (Criminal) No. 6 of 2011 is directed against an order dated 17.11.2011 by which the appellant has been summoned for the purposes of framing charge in Civil Misc. Contempt Petition No. 4684 of 2011. The connected Contempt Appeal No. 7 of 2011 is directed against an order dated 13.12.2011 passed in the same proceedings rejecting the application for recall of the aforesaid order.
(3.) The brief facts relevant for decision of this appeal are that Tewari Jawala Prasad Arya Kanya Inter College, Etawah is a duly recognized Institution imparting education till the Intermediate level. It is governed by approved scheme of administration where initially the term of Committee of Management was three years. In the elections of the Committee of Management held on 25.5.2000, Dr. Rakesh Mohan Mishra was elected as Manager and his signatures were duly approved. Meanwhile, the Committee of Management resolved to enhance the term of the Committee of Management from three years to five years and approached the Joint Director of Education together with the resolution. The Joint Director of Education approved the aforesaid amendment of the term of Committee of Management from three years to five years in August, 2002. Shri Surendra Bahadur Saxena challenged the recognition granted to the Committee of Management headed by Dr. Rakesh Mohan Mishra through a writ petition in this Court but the same was dismissed in January, 2004 and the consequential special appeal was also dismissed. The term of the Committee of Management having come to an end, fresh elections were held in May, 2005 after expiry of five years where also Dr. Rakesh Mohan Mishra was elected as the Manager and the said election was recognized and approved by the Regional Level Committee and his signatures were attested, again his rival Shri Saxena challenged the aforesaid order before the writ court, but the writ petition was dismissed in November, 2008. Again after expiry of the period of five years fresh elections were held in May, 2010 and again the signatures of Dr. Rakesh Mohan Mishra was attested as duly elected Manager on 27.8.2010. It appears that thereafter the Director passed an order dated 22.7.2011 setting aside the order of the Joint Director of Education enhancing the term of the Committee of Management from three years to five years. Based on this order the District Inspector of Schools, appellant before this Court, passed an order on 5.8.2011 cancelling the earlier order passed in favour of Dr. Rakesh Mohan Mishra and approved the signature of Shri Saxena.;