Hon’ble Tarun Agarwala, J.—We have heard Sri Shashi Nandan, the learned senior Advocate alongwith Sri A.K.Singh, the learned counsel for the appellant and Sri S.B.Singh, the learned counsel for the Committee of Management and the learned standing counsel for the State.

2. The facts as has been culled out from the pleadings is, that one post of Senior Clerk and one post of Junior Clerk became vacant in Sri Ganga Prasad Inter College, Jagdishpur, Azamgarh. The Committee of Management resolved to fill up the vacancies. The vacancies were advertised and applications were invited. The appellant alongwith respondent No. 5 and others applied and the Selection Committee recommended a list in which respondent No. 5 was placed at Sl.No. 1 and the appellant was placed at Sl.No. 2. An appointment order was issued in favour of respondent No. 5. It was alleged that respondent No. 5 expressed his inability to join, on the basis of which the Committee of Management issued another letter of appointment dated 8.2.2007 in favour of the petitioner who accepted the appointment letter and joined on 12.2.2007. After the issuance of the appointment letter the institution forwarded the papers to th