Honble Sudhir Agarwal, J.—Sri Ashok Khare, learned Senior Advocate assisted by Sri Amit Srivastava for the petitioner, learned Standing Counsel for respondent No. 1, Sri S.P. Shukla for respondents No. 2, 3 and 4 and Sri P.P. Chaudhary for respondent No. 5.

2. The petitioner aggrieved by order dated 31.8.2005 (Annexure-ll to the writ petition) passed by respondent No. 4 cancelling his appointment and appointing respondent No. 5 on the post of draftsman in the pay scale of Rs. 4000-100-6000 has filed this writ petition under Article 226 of the Constitution of India.

3. The facts giving rise to the present writ petition, in brief, are that among other posts, one post of draftsman, in the pay-scale of Rs. 4000-6000, had been advertised in daily newspaper ‘Rashtriya Sahara’ by Zila Panchayat, Sant Kabir Nagar on 23rd March, 2005. The post of Draftsman was advertised under the general category, i.e. unreserved. The petitioner, respondent No. 5 and others applied for the said post and after holding interview, the appointment letter was ultimately issued to the petitioner on 6.6.2005.

4. It appears that Zila Panchayat in the meantime also referred the matter to the State Government m