Hon’ble F.I. Rebello, C.J.—The petitioner pursuant to an advertisement, which had invited applications for the post of Lecturer in Government Intermediate College, which were to be received in the office of the Commission till 20th February, 2009 either by speed post or by hand, sent his application by speed post on 17th February, 2009, which was received in the office of the Commission on 21th February, 2009. The petitioner had prayed for a mandamus to direct the Commission to accept the application form and allow the petitioner to participate in the process of selection. In that petition, by order dated 28.5.2009, the present reference.

2. A learned Single Judge of this Court, in this case, reported as Neena Chaturvedi v. U.P. Public Service Commission, Allahabad, 2009 (3) ESC 2082 (All), has been pleased to refer the matter for consideration by a larger Bench. Some of the relevant paragraphs read as under :

“49. Although I am conscious about the legal proposition that a little difference in the facts or additional facts may make a lot of difference in presidential (precedental) value of a decision but having regard to the facts and circumstances of the case, I am of the