- (1.) Satya Prakash Saxena is assailing the validity of the Judgment and order dated 6.4.2012 passed by learned Single Judge in Civil Misc. Writ Petition No. 37724 of 1998, Satya Prakash Saxena v. Regional Higher Education Officer, Agra and others wherein the learned Single Judge has proceeded to turn down the request of petitioner-appellant assailing the validity of the approval granted on the recommendation of the selection committee for promotion and the order passed by Regional Higher Educational Officer according approval to the same.
(2.) Brief fatual matrix is that at Mainpuri, there is a Post Graduate College known as Chitragupta Degree College, Mainpuri affiliated to Agra University, Agra. The affairs of the said institution in question is run and managed strictly in consonance with the provisions as contained under the U.P. State Universities Act, 1973 and the first Statute framed thereunder.
(3.) In the institution concerned, one O.P. Agrawal was performing and discharging duties as Office Superintendent who attained his age of superannuation on 20.11.1997. In view of this, the Institution concerned took a resolve to fill up the said post by way of promotion and, accordingly, in the said direction, exercise was undertaken wherein petitioner as well as one Avinash Chandra Saxena participated and the Selection Committee made recommendation in favour of Avinash Chandra Saxena for promotion on the said post and the papers were forwarded to the Regional Office, Agra Region, Agra for approval of the recommendation made by the Selection Committee for promotion and the Regional Higher Education Officer, Agra in his wisdom, has proceeded to accord approval to the same. The said proceedings has been subjected to challenge in Civil Misc. Writ Petition No.37724 of 1998 before learned Single Judge and the said challenge has not found favour with the learned Single Judge and, accordingly, present special appeal is there.;