Rajendra Menon, J.

1. The matter has been placed before this Bench (Full Bench) in view of an order passed by the Division Bench in this case on 21.6.2016.

2. The issue involved in the writ petition pertains to appointment on the post of Senior Scientific Assistant, regular appointment, and the question of awarding marks to the candidates, who are participating in the process of selection, for the experience gained by them by working earlier in the department on contract basis.

3. Even though various questions are raised in the writ petition and the matter was pending consideration before the Division Bench, on 21.6.2016, while considering various issues, it seems that an order dated 10.4.2015 passed by a Division Bench of this Court in CWJC No. 855 of 2015, was brought to the notice of the learned Division Bench and it was argued that in view of this order passed by the Division Bench on 10.4.2015, the candidates who have been awarded marks on the basis of experience for the contractual appointment granted to them, needs no interference. However, after taking note of the order passed on 10.4.2015 in CWJC No. 855 of 2015, the learned Division Bench was of the view that in view of the decision of the Constitution Bench in the case of Secretary State of Karnataka & Ors. Vs. Uma Devi & Ors.: (2006) 1 SCC 1, equal opportunity to participate in public employment has to be granted and no premium in process of selection can be given to a persons who have got employment by back door or illegal method. It seems that taking note of the order dated 10.4.2015 in CWJC No. 855 of 2015, the law laid down with regard to the benefit to be granted to experience gained by contractual employees, the learned Division Bench observed as under:-

"Situated thus, we are, with great respect, find ourselves unable to agree with the conclusions reached by the order, dated 10.04.2015, aforementioned and, in our view, therefore, the decision needs consideration by a larger Bench so as to determine if marks for experience can be given in a selection process to those persons, who may have been working by virtue of appointment on contractual basis, the contractual appointment having been made without following any selection process.

Having considered the matter in its entirety, we are of the view that the matter needs to be referred to, and laid before, a Full Bench.

Registry shall accordingly place this matter before Hon'ble the Chief Justice, on the administrative side, for constitution of a Full Bench so that the matter can be heard and decided expeditiously."

(emphasis supplied)

4. From a perusal of the observations, it is seen that the only question of law referred to us for consideration is as to whether the experience gained by a person by working in the department, may be, as contractual employee, a casual employee or an ad hoc employee, has to be counted irrespective of the fact as to whether appointment is after following due process of law or he is a back door entrant. This issue was not specifically addressed to in the order dated 10.4.2015 in CWJC No. 855 of 2015 and this seems to have been the cause of confusion and concern due to which the Division Bench has made the reference.

5. Even though Shri Lalit Kishore, learned Principal Additional Advocate General-1 and Mr. Anil Kumar Jha, learned senior counsel took us to certain observations made in the order under reference to say that the appointment of the selected candidates in the present case is after following the due process of law and their appointment is legal and therefore, they are entitled to the marks obtained for the experience gained, we are of the considered view that this is an issue which is to be determined by the learned Division Bench based on the pleadings in the counter affidavit and the material available before the Division Bench. However, learned counsels invited our attention to certain observations made in the order which reads as follows:-

"In the present case, too, ther