Honble Rakesh Sharma, J.—Heard Sri Somesh Khare, learned counsel for the petitioner and the learned Standing Counsel for respondents No. 1 to 3 and Sri K.C. Sinha, counsel for respondents No. 4 and 5.

2. The present writ petition has been filed by an officiating Office Superintendent Gr. II working in Christ Church Post Graduate Degree College, Kanpur Nagar assailing the order dated 30.7.2007 passed by the Director of Education (Higher Education) U.P., Allahabad rejecting the representation submitted by the petitioner seeking his approval, regularisation on the post of Office Superintendent Gr. II in the said Institution.

3. Brief facts of the case are as follows. The petitioner was appointed as routine clerk in Christ Church Post Graduate Degree College, Kanpur Nagar on 17.7.1967. This institution is a minority institution. Later on considering the satisfactory work, conduct and performance, he was promoted to the post of Senior Assistant on 19.9.1978. On 19.5.1988, a vacancy of Office Supdt. in the college fell vacant as a result of promotion granted to Sri H.K. Hastings on the further higher post of Bursar. Learned counsel for the petitioner has drawn attention of the Court to statute 21.03 of the U.P. State Kanpur Universities (Affiliated and Associated Colleges Non-Teaching Staff Qualification and Service Conditions) First Statutes, 1977. The promotions on the higher ministerial posts are made according to seniority subject to suitability and fitness of a candidate. The process for direct recruitment was also provided in these statutes. After promotion of Sri H.K. Hastings on the post of Bursar, the next senior most person was Mr. G.H. David who was working as Accountant in the institution. Sri G.H. David declined to accept the offer of promotion given to him. He had foregone his promotion on the post of Office Superintendent Gr. II.

4. In September, 1988 an advertisement was published in the newspaper ‘Pioneer Patrika’ inviting applications to fill up the said post of Office Superintendent. Several candidates had applied in response to the advertisement.

5. Since no suitable candidate came forward nor any other person was available having requisite qualification and experience to hold the post of Office Superintendent, the Selection Committee of the Institution recommended the name of the petitioner for promotion on the post of Office Superintendent Gr. I. Since Sri G.H. David had declined to accept the offer of promotion, the management of the Institution acting under statute 22.03(3) sent a formal requisition addressed to Director of Education (Higher Education), Allahabad for approving the appropriate arrangement of manning the post. The petitioner being the next senior most head clerk working in the institution having all the requisite qualifications and experience was selected by the Selection Committee for appointment on the post of Office Superintendent Gr. II. Accordingly the Managing Committee had appointed or promoted the petitioner on the post of Office Superintendent Gr. II on 5.1.1990.

6. The Principal of the Institution sent all the papers for approval to the Director of Education (Higher Education) U.P., Allahabad by means of a formal letter dated 15.2.1990. These papers were duly received in the said office.

7. The matter had remained pending and vide letter dated 22.6.90, the Assistant Director of Education-3 for and on behalf of Director of Higher Education had sent a letter to the Regional Officer, Lucknow for taking appropriate necessary action. The petitioner had also submitted several representations to the concerned authorities of the Higher Education Department to accord approval of his promotion or appointment as Office Superintendent Gr. II. However on 8.8.1990 a letter was sent by the Regional Higher Education Officer to the Principal of the Institution indicating therein that the proposal of appointment of the petitioner, i.e., S.P. Joseph was not in accordance with the scheme of the ru