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