Hon’ble S.P. Mehrotra, J.—A Division Bench consisting of two of us (R.K. Agrawal, J. and S.P. Mehrotra, J.) while dealing with Civil Misc. Writ Petition No. 3326 of 2009 (Gaurav Tripathi v. State of U.P. and another) and Civil Misc. Writ Petition No. 6733 of 2009 (Dr. Abha Pandey v. State of U.P. and another) by the Order dated 10th April, 2009, reported in 2009(4) ADJ 648 (DB) : 2009(3) ESC 1486 (DB) has referred the following question for decision by a larger bench :

“Where in view of the provisions of the U.P. Higher Eduction Services Commission (Procedure for Selection of Teachers) Regulations, 1983, particularly, Regulations 3 and 6 thereof, the Guide-lines framed by the U.P. Higher Eduction Services Commission in the year 2008 in regard to the selection pursuant to Advertisement No. 41 of 2007, wherein “teaching experience” has been provided as one of the factors for preliminary screening and short-listing the candidates to be called for interview for the post of teachers/lecturers are valid.”

Relevant facts leading to the reference

2. It is necessary to notice the relevant facts leading to the reference.

3. The above two writ petitions have been field by the petitioner