JUDGMENT

Sameer Jain, J. - The present writ petition has been filed invoking article 226 of the Constitution of India against order dated 25.09.2008 passed by Rajasthan Non-Government Educational Institution Tribunal, Jaipur (hereinafter referred to as 'Tribunal') whereby the appeal no. 69/2005 filed by respondent No. 2 against the petitioners was allowed.

2. It is submitted by the petitioner that it is an unaided institution with only temporary affiliation and has issued an advertisement (annexure-2) dated 20.06.2003 whereby it was advertised at serial no. 9 that a Clerk (Lipic) is required on contractual basis.

3. On 25.06.2003, a letter of consent was issued in favour of respondent No.2 for a part-time Clerk for a specified period from 03.07.2003 to 15.05.2004 under a contract, which was duly accepted on the said terms and conditions by respondent No.2 and thereafter consent and joining was given on 03.07.2003. On expiry of the tenure, the application for extension was filed by the respondent and consent/agreement was issued by petitioner vide letter dated 10.06.2004. On 14.05.2005 order of relieving on expiry of terms was issued against which the respondent preferred an appeal bef