Hon’ble Sunil Ambwani, J.—We have heard Sri Ravi Kant, Senior Advocate, assisted by Sri Ram Raj Prajapati and Sri Ashok Mehta, Senior Advocate assisted by Sri Saurabh Kumar, for the petitioner. Sri Rakesh Kumar Gupta appears for Sri Hari Sharan Gautam (Intervenor). Sri Ramesh Upadhyay, learned Chief Standing Counsel assisted by Sri Vivek Shandilya, Additional Chief Standing Counsel appear for State respondents.

2. This reference arises out of a difference of opinion expressed by a Division Bench presided by one of us (Hon’ble Sunil Ambwani, J) with the Division Bench judgement of Lucknow Bench of the Court in Service Bench No. 2080 of 2011 (State of U.P. v. Vijay Shankar and another) decided on 23.12.2011. The questions, which have been referred to be considered by this larger Bench, are as follows :

“(1) Whether ‘Kasera’ is a sub-caste of ‘Shilpkar’ which is notified in the category of Scheduled Caste under Article 341 (1) and (2) of the Constitution of India?

(2) Whether the judgment dated 23.12.2011 in Service Bench No. 2080 of 2011 (State of U.P. and another v. Vijay Shanker and another) is correct in law?”

3. The facts giving rise to the Writ petition No. 35775 of 2013 are that Sri Swaroop Chand Singh son of Srichandra - the petitioner claims that he belongs to ‘Kasera’ caste, which according to him is a sub-caste of ‘Shilpkar’, and falls within the category of Scheduled Caste, as notified under Article 341 of the Constitution of India. The petitioner applied to the District Magistrate, Mirzapur to issue a caste certificate for his minor son Tarang Singh, to verify that he belongs to Scheduled Caste for claiming admission to any College. In the writ petition, the petitioner has prayed for a writ, order or direction in the nature of mandamus directing respondent No. 2 - the District Magistrate, district Mrizapur to issue a Scheduled Caste Certificate in the name of petitioner’s son namely Tarang Singh in the light of judgement and order dated 23.12.2011 passed in Writ Petition No. 2080 of 2011 (State of U.P. and others v. Vijay Shankar and another), within a period specified by the Court.

4. The petitioner has relied on the judgment dated 23.12.2011 of Lucknow Bench of the Court in Writ Petition No. 2080 of 2011 - State of U.P. and others v. Vijay Shankar and another (Supra), in which a Division Bench, sitting at Lucknow Bench, considered the challenge of the State of U.P to the judgment of the U.P. State Public Services Tribunal by which the Tribunal granted the relief to Sri Vijay Shanker, who was appointed as Assistant Prosecution Officer on the recommendation of the U.P. Public Service Commission by virtue of a Scheduled Caste Certificate issued by the Tehsildar, Mirzapur dated 2.2.1987. The said certificate verified that he belongs to ‘Shilpkar’ caste. Later on, a complaint was made against Sri Vijay Shankar on the ground that he has obtained the appointment by submitting forged Scheduled Caste Certificate; actually, the caste of Sri Vijay Shankar was recorded as ‘Kasera’ in School Certificate. On this ground, he was dismissed from service vide order dated 21.5.2007. The U.P. Public Services Tribunal granted the relief to him by setting aside the punishment order and reinstated him with all consequential service benefits and continuity in service. The Division Bench in its judgment dated 23.12.2011, dismissed the writ petition filed by the State of U.P holding that on a perusal of records, it appears that the Collector has written a letter on 14.12.2005, wherein he has mentioned that no certificate was issued during the year 1983-85, pertaining to the ‘Kasera’ caste being a Scheduled Caste. For this purpose, an enquiry was made by the Collector from all the Tehsils, but the fact remains that no specific query was made from the Tehsildar, Mirzapur, who had issued the said certificate. Moreover, it was not mandatory to make an entry for issuing every certificate. The Division Bench further observed that the Trib