- (1.) K. D. Shahi, J. Shri Deep Chandra alleging himself as the Head Master of Swami Shivanand Uchchattar Madhyamik Vidyalaya, Kachaura, district Aligarh filed this petition for drawing contempt proceed ings against the respondents for dis obedience of the order of this Court dated 7-12-1991 passed in Writ Petition No. 36034 of 1991.
(2.) SHRI Deep Chandra filed Writ Peti tion No. 36034 of 1991 for quashing the advertisement inviting applications from eligible candidates for appointment to the post of Head Master in the aforesaid institu tion and also for issue of a mandamus directing the respondents not to interfere with the petitioner functioning as Head Master of the institution and to continue to pay salary and allowances of the petitioner. On 7-12-1991, this Court passed the follow ing order: "notice on behalf of the respondent Nos. 2 and 3 has been accepted by the Standing Counsel. Notice of the petition may be served personally by the petitioner upon respondent No. 1 for which necessary papers shall be made available to him. Till further orders, the committee shall not make any appointment in the institution except with the prior approval of Basic Shiksha Adhikari and the services of the petitioner shall not be disturbed in any manner except by lawful order in writing. " It is stated that the order dated 7-12-1991 was served on respondent Nos. 1 and 2. Despite service of the order, respondents 1 and 2 did not allow the petitioner to sign the attendance register and also did not pay salary and allowances. He made several rep resentations which are Annexures 4,5 and 6 to the petition. It is further stated that from letter dated 18th March, 1993, the petitioner could know that the respondents were recognising Shri Ram Babu Saraswat as the Head Master of the institution. Since the respondents are not permitting the petitioner to sign the attendance register nor paying his salary and allowance for the post of Head Master and instead recognis ing Shri Ram Babu Saraswat as the Head Master of the institution, they have wilfully disobeyed the order of this Court dated 7-12-1991. Respondent No. 3, Shri Ram Prakash, Basic Shiksha Adhikari filed counter affidavit and alleged therein that the perusal of the record shows that the petitioner was never appointed as the Head Master of the institution nor any approval in this respect was accorded by the Basic Shiksha Adhikari. It is further alleged that the Committee of Management had con ducted the selection proceedings for the post of Head Master and the selection com mittee finalised the candidature of Shri Ram Babu Saraswat on 10- 11-1991.
(3.) RESPONDENT No. 4, Shri Sanjay Sinha, District Inspector of Schools, Aligarh, also filed counter affidavit and al leged therein that he had got no concern whatsoever with the advertisement, ap pointment etc. of the petitioner or any body else in the institution concerned. Respondent No. 2, Shri Swami Shivanand, President of the institution also filed counter affidavit alleging therein that Shri Deep Chandra was never appointed or selected by the Education Department or by the Selection Committee as Head Master of the Institution. It is further alleged that Shri Deep Chandra had shown his qualification as B. Ed, which is also fake. He had produced certificate from Rashtriya Sanskrit Sansthan claiming himself to be trained. It is also alleged that the Board of High School and Intermediate Education as well as Directorate of Education had already declared the said degree to be no longer a valid degree. On 2-11-1991, an order was issued from the office of the District Basic Education Officer, Aligarh for the head of the institution. Thereafter, the post was ad vertised and Shri Ram Babu Saraswat was selected by the selection committee for the post of Head Master of the institution on 10-12-1991 and approval was accorded on 11-12-1991. In paragraph 10 of the counter affidavit, it is alleged that the management had taken work from the petitioner on tem porary basis for which remunerations were paid to him. Since the petitioner did not possess B. Ed, degree, hence his candidature was not considered by the selection commit tee for the post of Head Master of the in stitution.;