JUDGMENT :

(Shree Prakash Singh, J.) :

1. Heard Sri G. C. Verma, learned counsel for the petitioner, Sri Ran Vijay Singh, learned counsel for the respondent no.2, Sri Anurag Kumar Singh, learned counsel for the respondent no. 4, i.e., Committee of Management, Sri Shailendra Kumar Singh, Chief Standing Counsel, Sri Vivek Shukla, additional chief standing counsel and Sri Piyush Kumar, learned Standing Counsel for the State.

2. Vide the instant petition, a challenge is made to the order dated 13.9.2012 passed by the District Basic Education Officer, Pratapgarh.

3. Factual matrix of the case is that a post of clerk became vacant due to retirement of regular clerk, namely, Mohan Lal Sharma in the Uchchatar Madhyamik Vidyalaya, Para Hamidpur Pratapgarh (hereinafter referred to as 'the institution'), on 30.9.2011. Thereafter, the then Manager of the Committee of Management moved an application on 4.11.2011, to the District Basic Education Officer (hereinafter, referred to as ‘DBEO’) for granting permission for filling up the post of Clerk. On such application, the ‘DBEO’ granted permission and, thereafter, the post of Clerk (Class-III) was advertised in the newspaper as per the provisions