Rajan Roy, J.

Heard.

2. This court on 27.5.2016 had passed the following order:

"Heard.

Claim of the petitioner for promotion on the sole post of Assistant Clerk under Regulation 2(2) of Chapter III of the regulations made under the Intermediate Education Act 1921 has been declined by the District Inspector of Schools (D.I.O.S.), Sitapur solely on the ground that there being a single post the same cannot be filled by promotion (Annexure-1 to the writ petition). Reasoning given is that one post cannot be bifurcated into half for filling up the same. This reasoning has been given by him inspite of the fact that the judgment of a Division Bench of this court passed in the case of Jai Bhagwan Singh v. District Inspector of Schools & ors. (writ petition No.68636 of 2005) reported in (2006)3 UPLBEC 2391 was within the knowledge of the D.I.O.S. as is evident from his letter dated 25.4.2016 written to the Director Education U.P. Moreover, while passing the impugned order though he has referred to Regulation 2(2), but has omitted to mention the 'Note' to the said regulation which categorically provides that while calculating the promotion quota less than half shall be ignored and ha