(1) LEAVE granted.

(2) THIS appeal by special leave is directed against the judgment of the High court of Patna in CWJC No. 4220 of 1990 dated 5/3/1992. The only question that arises for consideration is whether Sita Ram Prasad, Respondent 2 was entitled to be promoted as Office Superintendent in a supertime scale on the basis that he was a reserved candidate in the 6th vacancy. The High court in the impugned judgment relying on the judgment of this court in Chakradhar Paswan (Dr) v. State of Bihar 1 held that since the post of Superintendent is a single post, it cannot be reserved for the reserved candidates. Accordingly, the order of appointment to the reserved vacancy was held to be illegal, a direction was issued to the government to consider the case of the 1st respondent for promotion to the post of OS as a general candidate. The State has impugned that order in this appeal.

(3) IN the government circular, Annx. R-l bearing Letter No. 21-AG-1- 125-KG-20165, the government have decided in providing for reservation and prepared the roster to the posts in the cadre. In para 2, it is stated thus:

"THEREFORE, the State government has taken decision that