By the Court—Heard Sri V.K. Goel, learned Counsel appearing for the writ petitioner, Sri A.P.S. Raghav, learned Counsel appearing for respondent No. 3 and Sri Ran Vijay Singh, learned Standing Counsel.

2. In the writ petition, by order dated 28.10.2005, the learned Single Judge has referred the following question for consideration by a larger Bench :

“Whether a single post of class III available in an Intermediate College governed by the 1921 Act can be filled by way of promotion and whether the case of Palak Dhari Yadav reported in 1999 Vol. 3 U.P.L.B.E.C. 2315 has been correctly decided keeping in view the opinion expressed by another Single Judge in writ petition No. 4165 of 2004 as also the pronouncement of the Apex Court in the case of B. Badami v. State of Mysore and All India Federation v. Union of India?”

3. The brief facts necessary for appreciating the question referred by the learned Single Judge be noted.

4. The writ petitioner has been working as a Class-IV employee in a recognised aided Institution governed by U.P. Intermediate Education Act, 1921. In the Institution, there is only one sanctioned post of Clerk, which fell vacant due to death of its last incumbent,