By the Court.—Heard Sri Shashi Kumar, learned counsel for Babu Ram, Sri Rajesh Kumar Singh, learned counsel for the petitioner Jawahar Lal. Sri V.K. Singh, learned Additional Advocate General assisted by Sri C.K. Rai, learned Standing Counsel for the State respondents. Sri R.K. Tripathi, Advocate, Sri Veer Singh, Advocate, Sri K.C. Vishwakarma and Sri P.N. Saxena, Senior Advocate assisted by Sri Amit Saxena, Advocate for the private respondents.

2. Learned Single Judge, after noticing that there was a conflict between two decisions of this Court, namely Suryanath Ram v. District Inspector of Schools (being Writ Petition No. 41618 of 2001) decided on 7.2.2002, which in turn relied upon another judgment passed in Writ Petition No. 56756 of 2003; Ram Bhajan Singh v. State of U.P. and others, decided on 6.2.2004 viz-a-viz the judgment of the learned Single Judge in the case of Hari Kant Yadav v. Deputy Director of Education, Meerut and others, being Writ Petition No. 28699 of 1995 decided on 8.12.1992, has referred the matter to be heard by a larger bench vide order dated 11.11.2005. Although no question of law has been framed for reference by the learned Single Judge in his or